Law Enforcement Identification & Immigration Training Requirements

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED HOUSE BILL 26-1275 LLS NO. 26-0087.03 Owen Hatch x2698 HOUSE SPONSORSHIP Froelich and Zokaie, Lieder, Bacon, Carter, Clifford, Garcia, Gilchrist, Goldstein, Hamrick, Jackson, Mabrey, Martinez, McCormick, Nguyen, Paschal, Rydin, Smith, Story, Titone, Velasco, Willford, Woodrow SENATE SPONSORSHIP Weissman and Jodeh, Cutter, Danielson, Hinrichsen, Kipp, Sullivan, Wallace House Committees Senate Committees Judiciary A BILL FOR AN ACT CONCERNING THE CONDUCT OF LAW ENFORCEMENT, AND, IN CONNECTION THEREWITH, PROHIBITING PEACE OFFICERS FROM CONCEALING THEIR IDENTITIES, CLARIFYING STATE CRIMINAL LAW JURISDICTION OVER FEDERAL OFFICERS, REQUIRING TRAINING ON IMMIGRATION LAWS, AND EXPANDING THE CONDUCT BY WHICH A PERSON COMMITS IMPERSONATING A PEACE OFFICER.

Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

The bill prohibits local and state law enforcement officers from concealing their identity while interacting with the public, with certain exceptions. The bill clarifies state criminal jurisdiction to cover criminal conduct committed by a federal law enforcement officer in the state, even if the officer was acting under color of federal authority. Federal criminal immunity or defense from prosecution does not prohibit state criminal prosecution of a federal law enforcement officer. The bill requires the peace officer standards and training board (P.O.S.T. board) to deny certification to an individual who has previously been employed or who is currently employed by the United States immigration and customs enforcement agency or the United States customs and border protection agency. The bill requires the P.O.S.T. board to prescribe a training for all current and future peace officers regarding immigration law, a peace officer's duty to intervene, excessive force policies, and a peace officer's jurisdictional limit. A peace officer is required to intervene to prevent a federal law enforcement officer from using excessive force. The bill expands the conduct that can constitute the crime of impersonating a peace officer to include a person performing a law enforcement act while concealing the person's identity.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Short title. The short title of this act is the "Visible and Accountable Policing Act". SECTION 2. Legislative declaration. (1) The general assembly finds and declares that:

(a) Colorado law enforcement operates with fidelity to Colorado law. Local law enforcement have authority over their jurisdictions. It is detrimental to the trust established between law enforcement and community when federal agents act unlawfully and when there is excessive use of force, constitutional violations, and absence of due process.

(b) Colorado law must put visibility and public trust at the center of law enforcement in Colorado, which includes requiring clear identification and accountability for actions that impact community safety and civil rights. Colorado law already prohibits law enforcement officers from using crowd control methods such as tear gas, among other physically harmful methods.

(c) Our nation has been shocked by the escalation of unlawful actions by federal agents, which violate the first, fourth, and fifth amendments to the United States constitution and have resulted in illegal detentions, sudden and unprovoked use of force, the deaths of people with no criminal record, and, in the case of at least two people, United States citizens exercising their right to assemble and protest;

(d) Keith Porter was killed by an off-duty United States immigration and customs enforcement (ICE) agent on New Year's Eve 2025 in Northridge, California;

(e) Silverio Villagas González, a man with no criminal record, was shot by ICE agents in Franklin Park, Illinois, shortly after dropping off his 2 children at school and daycare. Initially, he was accused of driving his car at agents, but police footage subsequently proved otherwise.

(f) Renee Nicole Good was killed by an ICE agent in Minneapolis, Minnesota, on January 6, 2026. Not only was she shot 3 times at point blank range, including shots to the head, but agents refused to allow aid to be rendered. Additionally, the shooter left the scene.

(g) Thirty-seven-year-old Alex Jeffrey Pretti, an intensive care nurse described by the Minneapolis police chief as a United States citizen and a federal worker, as well as a member of the American Federation of Government Employees local 3669, with no criminal record, was shot multiple times and killed by United States customs and border protection agents in Minneapolis on January 24, 2026;

(h) Civil rights violations and clear law enforcement identification violations were evident long before these shootings, including throughout 2025 during raids targeted at communities of color and with ICE regularly concealing agency insignias and using unmarked vehicles to detain people in their cars and at courthouses, schools, workplaces, homes, on the street, and using public transport; and

(i) It is imperative that we protect all Coloradans and preserve their civil rights. We all have a right to life, liberty, and the pursuit of happiness. We all have a right to due process.

SECTION 3. In Colorado Revised Statutes, add 24-31-908 as follows: 24-31-908. Prohibition on peace officers concealing their identity - required publishing of policy - exceptions - penalty.

(1) A PEACE OFFICER SHALL NOT CONCEAL THE PEACE OFFICER'S IDENTITY, EXCEPT WHEN SPECIFICALLY NECESSARY TO DO SO DURING UNDERCOVER OPERATIONS OR SITUATIONS NECESSITATING A PEACE OFFICER TO WEAR A HAZARDOUS MATERIALS SUIT TO PROTECT AGAINST EXPOSURE TO KNOWN TOXINS, IDENTIFIED AIRBORNE HAZARDS, OR IMMINENT RISK OF PHYSICAL HARM FROM PROJECTILES, FIRE, SMOKE, OR CHEMICAL IRRITANTS IN A SPECIFIC, ONGOING INCIDENT.

A PEACE OFFICER SHALL NOT PARTICIPATE IN A MULTIJURISDICTIONAL LAW ENFORCEMENT TASK FORCE WITH A LAW ENFORCEMENT AGENCY FROM ANOTHER STATE OR A FEDERAL AGENCY IF OFFICERS OF THE LAW ENFORCEMENT AGENCY FROM ANOTHER STATE OR FEDERAL AGENCY KNOWINGLY CONCEAL THEIR IDENTITY.

(3) AN INDIVIDUAL WHO BELIEVES A PEACE OFFICER HAS VIOLATED A PROVISION OF THIS SECTION MAY REPORT THE VIOLATION TO THE ATTORNEY GENERAL'S OFFICE. THE ATTORNEY GENERAL SHALL INFORM THE P.O.S.T. BOARD OF A REPORTED VIOLATION.

(4) NOTWITHSTANDING ANY PROVISION OF LAW, THE P.O.S.T.

BOARD SHALL REVOKE THE CERTIFICATION OF A PEACE OFFICER IF, AFTER AN INVESTIGATION AND HEARING PURSUANT TO THE RULES IN SECTION 24-31-303, THE BOARD DETERMINES THE PEACE OFFICER VIOLATED THIS SECTION. IF A LAW ENFORCEMENT OFFICER FROM ANOTHER STATE VIOLATES THIS SECTION, THE P.O.S.T. BOARD SHALL DRAFT A DETAILED REPORT DESCRIBING THE OFFICER'S CONDUCT AND SEND THE REPORT TO THE OFFICER'S STATE POLICE OVERSIGHT BOARD OR AN EQUIVALENT AGENCY.

SECTION 4. In Colorado Revised Statutes, add 18-1-201.5 as follows: 18-1-201.5. Jurisdiction over federal law enforcement officers - immunity unavailable.

(1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A FEDERAL LAW ENFORCEMENT OFFICER WHO COMMITS AN ACT IN THE STATE THAT CONSTITUTES A VIOLATION OF STATE CRIMINAL LAW IS SUBJECT TO ARREST, PROSECUTION, AND PUNISHMENT UNDER THE CRIMINAL LAWS OF THE STATE TO THE SAME EXTENT AS ANY OTHER PERSON.

(2) TO THE MAXIMUM EXTENT ALLOWED PURSUANT TO THE UNITED STATES CONSTITUTION, NO CRIMINAL IMMUNITY OR DEFENSE IS AVAILABLE TO A CRIMINAL DEFENDANT DESCRIBED IN SUBSECTION (1) OF THIS SECTION.

(3) NOTHING IN THIS SECTION LIMITS AN INDIVIDUAL'S RIGHT TO PURSUE CIVIL REMEDIES FOR THE WRONGFUL ACT OF A FEDERAL LAW ENFORCEMENT AGENCY OR OFFICER UNDER STATE OR FEDERAL LAW.

(4) PURSUANT TO THE AUTHORITY GRANTED IN SECTION 16-3-102, A PEACE OFFICER MAY IMMEDIATELY ARREST A FEDERAL LAW ENFORCEMENT OFFICER WHEN THE PEACE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE FEDERAL OFFICER HAS COMMITTED A VIOLATION OF STATE CRIMINAL LAW, REGARDLESS OF WHETHER THE ALLEGED CONDUCT OCCURRED WHILE THE FEDERAL OFFICER WAS ACTING UNDER COLOR OF FEDERAL AUTHORITY.

(5) THIS SECTION APPLIES TO ANY FEDERAL LAW ENFORCEMENT OFFICER, INCLUDING, BUT NOT LIMITED TO, AN OFFICER OR AGENT OF THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT AGENCY AND THE UNITED STATES CUSTOMS AND BORDER PROTECTION AGENCY, WHILE PRESENT IN THE STATE.

SECTION 5. In Colorado Revised Statutes, 18-8-802, add (1.7) as follows: 18-8-802. Duty to report use of force by peace officers or law enforcement animals - duty to intervene.

(1.7) A PEACE OFFICER, AS DEFINED IN SECTION 24-31-901 (3), WHO IS ON DUTY SHALL INTERVENE TO PREVENT OR STOP A FEDERAL LAW ENFORCEMENT OFFICER, INCLUDING A FEDERAL LAW ENFORCEMENT OFFICER WHO IS THE HANDLER OF A LAW ENFORCEMENT ANIMAL, FROM USING MORE THAN THE COMMENSURATE AMOUNT OF PHYSICAL FORCE A PEACE OFFICER IS PERMITTED TO USE PURSUANT TO SECTION 18-1-707 IN PURSUANCE OF THE FEDERAL LAW ENFORCEMENT OFFICER'S DUTIES IN CARRYING OUT AN ARREST OF A PERSON, PLACING A PERSON UNDER DETENTION, TAKING A PERSON INTO CUSTODY, BOOKING A PERSON, OR IN THE PROCESS OF CROWD OR RIOT CONTROL, WITHOUT REGARD FOR CHAIN OF COMMAND.

SECTION 6. In Colorado Revised Statutes, 24-31-305, add (1.5)(c) as follows:

24-31-305. Certification - issuance - renewal - revocation rules - definition.

(1.5) (c) THE P.O.S.T. BOARD SHALL DENY CERTIFICATION TO A PERSON WHO HAS PREVIOUSLY BEEN EMPLOYED OR WHO IS CURRENTLY EMPLOYED BY THE ENFORCEMENT AGENCY OR UNITED STATES CUSTOMS AND BORDER PROTECTION AGENCY.

UNITED STATES IMMIGRATION AND CUSTOMS

SECTION 7. In Colorado Revised Statutes, add 24-31-311.5 as follows:

24-31-311.5. Basic training - certain required subjects - repeal.

(1) IN ADDITION TO ANY OTHER BASIC TRAINING REQUIRED BY THE P.O.S.T. BOARD, THE BOARD SHALL PRESCRIBE A UNIFORM TRAINING REGARDING:

(a) CURRENT IMMIGRATION LAWS AND REQUIREMENTS;

(b) A LAW ENFORCEMENT OFFICER'S LIMITATIONS ON WORKING WITH THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT AGENCY AND THE UNITED STATES CUSTOMS AND BORDER PROTECTION AGENCY;

(c) A PEACE OFFICER'S DUTY TO INTERVENE PURSUANT TO SECTION 18-8-802 (1.7);

(d) EXCESSIVE FORCE POLICIES; AND

(e) A PEACE OFFICER'S JURISDICTIONAL LIMIT TO ENFORCE THE LAW.

(2) A PEACE OFFICER SEEKING CERTIFICATION PURSUANT TO THIS PART 3 MUST COMPLETE THE TRAINING REQUIRED BY THIS SECTION PRIOR TO BEING CERTIFIED.

(3) (a) A CERTIFIED PEACE OFFICER ON THE EFFECTIVE DATE OF THIS SECTION SHALL COMPLETE THE TRAINING REQUIRED BY THIS SECTION NO LATER THAN JULY 1, 2027.

(b) THIS SUBSECTION (3) IS REPEALED, EFFECTIVE JUNE 30, 2028.

SECTION 8. In Colorado Revised Statutes, 18-8-112, add (1.5) as follows:

18-8-112. Impersonating a peace officer.

(1.5) A PERSON COMMITS IMPERSONATING A PEACE OFFICER IF THE PERSON KNOWINGLY PERFORMS AN ACT OF A LAW ENFORCEMENT OFFICER WHILE KNOWINGLY CONCEALING THE PERSON'S IDENTITY, EXCEPT, IF THE PERSON IS A PEACE OFFICER, WHEN CONCEALING THE PEACE OFFICER'S IDENTITY IS SPECIFICALLY NECESSARY DURING UNDERCOVER OPERATIONS OR SITUATIONS NECESSITATING A PEACE OFFICER TO WEAR A HAZARDOUS MATERIALS SUIT TO PROTECT AGAINST EXPOSURE TO KNOWN TOXINS, IDENTIFIED AIRBORNE HAZARDS, OR IMMINENT RISK OF PHYSICAL HARM FROM PROJECTILES, FIRE, SMOKE, OR CHEMICAL IRRITANTS IN A SPECIFIC, ONGOING INCIDENT.

SECTION 9. Applicability. This act applies to offenses and violations committed on or after the effective date of this act. SECTION 10.

Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.