SB 25-276: Protect Civil Rights Immigration Status

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

Under current law, a person who does not have lawful immigration status must submit an affidavit stating that they have either applied for lawful presence or will apply for lawful presence as soon as they are eligible when the person is applying for: In-state student tuition classification; or An identification document pursuant to the "Colorado Road and Community Safety Act". The act repeals these affidavit requirements. Under current law, a jail custodian is generally required to release a defendant within 6 hours after the defendant has been granted a personal recognizance bond or is prepared to post bond. The act prohibits the jail custodian from delaying a defendant's release for the purpose of an immigration enforcement operation. Under current law, a criminal defendant may petition a court to vacate a guilty plea to a class 1 or class 2 misdemeanor or a municipal offense if the criminal defendant alleges that: They were not adequately advised by defense counsel of adverse immigration consequences of a guilty plea; They did not knowingly, intelligently, or voluntarily waive the right to counsel because they were not advised that the right to counsel includes the right to be advised regarding immigration consequences of a guilty plea; or The guilty plea was constitutionally infirm. The act extends the ability to petition a court to vacate a guilty plea to class 3 misdemeanors as classified at the time of the plea, traffic misdemeanors, and petty offenses. Under current law, state agencies and state agencies' employees are: Required to comply with provisions that limit the disclosure, collection, and access to a person's personal identifying information; Required to annually report certain information concerning requests made for a person's personal identifying information; and Subject to a civil penalty for an intentional violation of the requirements. The act extends these requirements concerning a person's personal identifying information to political subdivisions and their employees, and repeals the annual reporting requirements concerning requests made for a person's personal identifying information. The act creates minimum requirements for a public child care center, public school, local education provider, public institution of higher education, public health-care facility, or publicly supported library concerning information collection and access to its information, facilities, or property, and creates a civil penalty for an intentional violation of certain requirements. Under current law, a peace officer who is employed by the Colorado state patrol, a municipal police department, a town marshal's office, or a county sheriff's office is prohibited from arresting or detaining an individual on the basis of a civil immigration detainer request. The act extends the prohibition to a peace officer designated by the state as a peace officer. Under current law, a probation officer or probation department employee is prohibited from providing personal information about an individual to federal immigration authorities. The act extends this prohibition to a pretrial officer or pretrial services office employee. The act prohibits a military force from another state from entering the state without the governor's permission, unless the military force from another state is acting on federal orders and acting as a part of the United States armed forces. The act adds and amends definitions concerning "precise geolocation data" within the "Colorado Privacy Act". The act prohibits a controller from selling a consumer's sensitive data without obtaining consent. Under current law, a person is not subject to civil arrest while the person is present at a courthouse or on its environs, or while going to, attending, or coming from a court proceeding. The act extends this to while a person is receiving treatment in a related facility, which is a facility where programs and services are provided in relation to a court proceeding. For the 2025-26 state fiscal year, the act decreases an appropriation made in the long bill of: $54,900 from the general fund to the department of labor and employment; and $3,393 from the general fund to the department of personnel.(Note: This summary applies to this bill as enacted.)

Sponsors

Sponsors by party (alphabetical): Democratic 54

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. May 23, 2025Governor Signed
2. May 7, 2025Signed by the President of the Senate
3. May 7, 2025Sent to the Governor
4. May 7, 2025Signed by the Speaker of the House
5. May 5, 2025Senate Considered House Amendments - Result was to Concur - Repass
6. May 3, 2025House Third Reading Passed - No Amendments
7. May 2, 2025House Second Reading Special Order - Passed with Amendments - Committee, Floor
8. April 30, 2025House Committee on Appropriations Refer Amended to House Committee of the Whole
9. April 28, 2025House Committee on Judiciary Refer Amended to Appropriations
10. April 23, 2025Introduced In House - Assigned to Judiciary
11. April 21, 2025Senate Third Reading Passed with Amendments - Floor
12. April 17, 2025Senate Third Reading Laid Over to 04/21/2025 - No Amendments

Showing 12 most recent of 17 actions. Full history