Be it enacted by the People of the State of Colorado:
SECTION 1. In the constitution of the state of Colorado, add section 17 to article XVIII as
follows:
Section 17. Notification requirements for felons and violent offenders unlawfully present in
the United States
(1) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES, “LAW
ENFORCEMENT” MEANS:
(a) A CERTIFIED PEACE OFFICER DESCRIBED IN LAW, WHO IS EMPLOYED BY A LAW ENFORCEMENT
AGENCY;
(b) A CORRECTIONAL OFFICER; OR
(c) AN ATTORNEY OR INVESTIGATOR WHO IS EMPLOYED BY A DISTRICT ATTORNEY.
(2) Requirement to notify upon charging. NOTWITHSTANDING ANY OTHER PROVISION OF
COLORADO LAW, LAW ENFORCEMENT SHALL NOTIFY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY WITHIN SEVENTY-TWO HOURS AFTER CHARGING THE PERSON WITH A CRIME IF:
(a) THE PERSON IS NOT LAWFULLY PRESENT IN THE UNITED STATES OR THE STATUS OF THE
PERSON’S LAWFUL PRESENCE IS UNKNOWN AFTER A REASONABLE ATTEMPT TO DETERMINE IT HAS
BEEN MADE BY LAW ENFORCEMENT; AND
(b) EITHER:
(I) THE PERSON IS CHARGED WITH A CRIME OF VIOLENCE AS DEFINED BY COLORADO STATUTE; OR
(II) THE PERSON HAS BEEN CONVICTED OF A PRIOR FELONY.
(3) Reasonable effort required. LAW ENFORCEMENT HAS A DUTY TO MAKE A REASONABLE
EFFORT TO DETERMINE WHETHER A PERSON CHARGED WHO WOULD BE THE SUBJECT OF A
NOTIFICATION UNDER THIS SECTION IS LAWFULLY PRESENT IN THE UNITED STATES.