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Resolution 2006-50
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2006-50

A RESOLUTION

PROVIDING NOTICE TO ALL PEACE OFFICERS OF THE DUTY TO COOPERATE WITH STATE AND FEDERAL OFFICIALS IN THE ENFORCEMENT OF STATE AND FEDERAL LAWS REGARDING IMMIGRATION

WHEREAS, the General Assembly of the State of Colorado has adopted Senate Bill 06-090, pertaining to Colorado Revised Statutes, Title 29, Article 29, "Immigration Status - Cooperation with Federal Officials" which went into effect May 1, 2006; and

WHEREAS, a portion of Senate Bill 06-90, Section 29-29-103, C.R.S. requires that the local governing body of each local government pass a resolution of this type, specifically directing its peace officers to cooperate with state and federal officials with regards to enforcement of state and federal laws regarding immigration and further directing its peace officers to comply with the provisions of Section 29-29-103(2)(a), C.R.S.; and

WHEREAS, Section 29-29-103(2)(a)(I)(II), C.R.S. states that "A peace officer who has probable cause that an arrestee for a criminal offense is not legally present in the United States shall report such arrestee to the United States Immigration and Customs Enforcement Office if the arrestee is not held at a detention facility. If the arrestee is held at a detention facility and the county sheriff reasonably believes that the arrestee is not legally present in the United State, the sheriff shall report such arrestee to the federal immigration and customs enforcement office. This subsection (2) shall not apply to arrestees who are arrested for a suspected act of domestic violence as defined by Section 18-6-800.3, C.R.S., until such time as the arrestee is convicted of a domestic violence offense.

WHEREAS, the Colorado General assembly has declared that any local government in violation of Section 29-29-103,C.R.S. shall not be eligible to receive local government financial assistance through grants administered by the Department of Local Affairs until such time as the local government is in compliance with Section 29-29-103 C.R.S.; and

WHEREAS, the City of Lakewood Police Department shall provide written notice to the Colorado General Assembly annually, on or before March 1st of each year, regarding the number of reports made to the United States Immigration and Customs Enforcement Office pursuant Section 29-29-103 (2)(b), C.R.S.; and

WHEREAS, the City of Lakewood, Colorado desires to comply with Senate Bill 06-090 through the adoption of this resolution.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lakewood, Colorado that:

SECTION 1. The peace officers of the Lakewood Police Department and the Lakewood Municipal Court Marshal's Office are hereby notified in writing of their duty to cooperate with State and Federal officials with regards to enforcement of state and federal laws regarding immigration and are further notified in writing of their duty to comply with the provisions of Section 29-29-103 (2), C.R.S.

SECTION 2. The City of Lakewood through the Lakewood Police Department shall provide written notice to the Colorado General Assembly annually, on or before March 1st of each year, regarding the number of reports made to the United States Immigration and Customs Enforcement Office pursuant to Section 29-29-103, C.R.S.

INTRODUCED, READ AND ADOPTED by a vote of ____ for and ____ against at a regular meeting of the City Council on September 11, 2006, at 7 o'clock p.m. at Lakewood Civic Center South, 480 South Allison Parkway, Lakewood, Colorado.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk