Back to Colorado

HB26-1283 • 2026

Protections Regarding Seizures of Identification Documents

With certain exceptions, the bill prohibits an employer or an employer's agent from demanding, confiscating, retaining, or otherwise requiring an individual to surrender the individual's government-is

Crime Labor
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Rep. J. Joseph, Rep. N. Ricks, Sen. J. Marchman
Last action
2026-03-24
Official status
House Committee on Judiciary Witness Testimony and/or Committee Discussion Only
Effective date
Not listed

Plain English Breakdown

The candidate explanation included a requirement for employers to notify employees, which is not explicitly stated in the official source material.

Protection Against Employer Confiscation of ID

This bill stops employers and their agents from demanding or keeping an employee's government-issued identification card, with some exceptions.

What This Bill Does

  • Forbids employers and their representatives from asking for, taking, holding onto, or forcing employees to give up their government ID cards.
  • Makes it a crime if someone takes another person’s government ID without permission, punishable as a class 2 misdemeanor.
  • Adds penalties for actions motivated by bias against protected groups, such as race, religion, or sexual orientation, which can be charged as a more serious offense (class 1 misdemeanor).

Who It Names or Affects

  • Employers and their agents.
  • Employees who have government-issued identification cards.

Terms To Know

Government-Issued Identification Card
A document issued by a government authority that proves someone's identity and legal status.
Bias-Motivated Crime
An illegal act committed with the intent to intimidate or harass another person based on their race, religion, sexual orientation, etc.

Limits and Unknowns

  • The bill does not specify what happens if an employer violates these rules.
  • It is unclear how this law will be enforced and what penalties employers might face for non-compliance.
  • The exact effective date of the legislation has not been determined yet.

Bill History

  1. 2026-03-24 House

    House Committee on Judiciary Witness Testimony and/or Committee Discussion Only

  2. 2026-02-20 House

    Introduced In House - Assigned to Judiciary

Official Summary Text

With certain exceptions, the bill prohibits an employer or an employer's agent from demanding, confiscating, retaining, or otherwise requiring an individual to surrender the individual's government-issued identification card.
The bill states that an individual commits criminal confiscation of a government-issued identification card if the individual knowingly takes into possession or control, or attempts to take into possession or control, another individual's government-issued identification card without lawful authority. Criminal confiscation of a government-issued identification card is a class 2 misdemeanor.
An individual commits a bias-motivated crime if, with the intent to intimidate or harass another individual, in whole or in part, because of that individual's actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, sexual orientation, or transgender identity, the individual:
Violates the bill's prohibitions; or
Provides, or threatens to provide, an individual's government-issued identification or personal documents to federal immigration authorities.
Such a bias-motivated crime is a class 1 misdemeanor, and a victim may seek additional remedies available under law.
(Note: This summary applies to this bill as introduced.)

Current Bill Text

Read the full stored bill text
Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0832.01 Richard Sweetman x4333 HOUSE BILL 26-1283
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
CONCERNING PROTECTIONS RELATI NG TO THE CONFISCATION OF101
INDIVIDUALS' IDENTIFICATION DOCUMENTS.102
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.)
With certain exceptions, the bill prohibits an employer or an
employer's agent from demanding, confiscating, retaining, or otherwise
requiring an individual to surrender the individual's government-issued
identification card.
The bill states that an individual commits criminal confiscation of
a government-issued identification card if the individual knowingly takes
HOUSE SPONSORSHIP
Ricks and Joseph,
SENATE SPONSORSHIP
Marchman,
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.
into possession or control, or attempts to take into possession or control,
another individual's government-issued identification card without lawful
authority. Criminal confiscation of a government-issued identification
card is a class 2 misdemeanor.
An individual commits a bias-motivated crime if, with the intent
to intimidate or harass another individual, in whole or in part, because of
that individual's actual or perceived race, color, religion, ancestry,
national origin, physical or mental disability, sexual orientation, or
transgender identity, the individual:
! Violates the bill's prohibitions; or
! Provides, or threatens to provide, an individual's
government-issued identification or personal documents to
federal immigration authorities.
Such a bias-motivated crime is a class 1 misdemeanor, and a
victim may seek additional remedies available under law.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds that:3
(a) Every person has the inalienable right to recognition before the4
law, and access to legal identity is foundational to the protection of5
individual rights, participation in civic life, and equal protection under the6
law;7
(b) International human rights authorities, including the United8
Nations in its Global Compact for Safe, Orderly and Regular Migration,9
adopted by the United Nations General Assembly in 2018, have10
recognized that ensuring migrants have proof of legal identity and11
adequate documentation is essential to safe, orderly, and regular12
migration and to the protection of human dignity;13
(c) A person deprived of access to their identification documents14
may become effectively invisible to legal and administrative systems15
designed to safeguard rights, which can hinder access to health care,16
education, justice, lawful employment, banking services, and other17
HB26-1283-2-
essential services;1
(d) For migrant workers, including documented migrants,2
possession and control of personal identification documents is critical to3
maintaining lawful status, accessing protections, reporting abuse,4
engaging in contractual relationships, and participating fully in economic5
life;6
(e) The confiscation, retention, or threatened disclosure to federal7
immigration enforcement agencies of identification documents may8
threaten a person's livelihood, legal stability, and very ability to exist and9
function within the protections of the law and may create conditions of10
fear, isolation, dependency, or vulnerability to exploitation, forced labor,11
or human trafficking;12
(f) Such practices may disproportionately impact immigrant13
communities and women working in industries where economic14
insecurity, language barriers, or power imbalances heighten vulnerability;15
and16
(g) Colorado has a compelling interest in:17
(I) Ensuring that employment verification practices are conducted18
solely for lawful purposes, are transparent, and are consistent with state19
and federal law; and20
(II) Preventing arbitrary, coercive, retaliatory, or discriminatory21
conduct involving identification documents.22
(2) Therefore, the general assembly declares that it is necessary to23
safeguard the rights, safety, and dignity of all persons within the state by24
prohibiting the unlawful confiscation or retention of identification25
documents, deterring intimidation and harassment, and affirming that no26
person in Colorado should be rendered vulnerable through the unlawful27
HB26-1283-3-
control or confiscation of their identification documents.1
SECTION 2. In Colorado Revised Statutes, add 8-2-124.5 as2
follows:3
8-2-124.5. Identification documents - retention by employers4
prohibited - definition.5
(1) (a) E XCEPT AS OTHERWISE DESCRIBED IN THIS SECTION AND6
SECTION 8-2-125 (1)(c), AN EMPLOYER OR AN EMPLOYER'S AGENT SHALL7
NOT DEMAND , CONFISCATE , RETAIN , OR OTHERWISE REQUIRE AN8
INDIVIDUAL TO SURRENDER THE INDIVIDUAL 'S GOVERNMENT -ISSUED9
IDENTIFICATION CARD.10
(b) AN EMPLOYER OR EMPLOYER'S AGENT MAY:11
(I) R EQUEST AND TEMPORARILY RETAIN AN INDIVIDUAL 'S12
GOVERNMENT-ISSUED IDENTIFICATION CARD FOR THE PURPOSE OF13
VERIFYING THE INDIVIDUAL'S EMPLOYMENT ELIGIBILITY STATUS THROUGH14
COMPLETION OF THE EMPLOYMENT ELIGIBILITY VERIFICATION FORM I-9,15
OR ITS SUCCESSOR FORM, FOR EMPLOYMENT IN THE UNITED STATES;16
(II) R ETAIN AN INDIVIDUALS 'S GOVERNMENT -ISSUED17
IDENTIFICATION CARD ONLY FOR AS LONG AS IS NECESSARY TO VERIFY THE18
INDIVIDUAL'S EMPLOYMENT ELIGIBILITY AND MAKE A COPY OF THE CARD,19
AND IN NO CASE FOR MORE THAN TWENTY-FOUR HOURS; AND20
(III) R ETAIN A COPY OF AN INDIVIDUAL 'S GOVERNMENT-ISSUED21
IDENTIFICATION CARD IN THE EMPLOYER'S RECORDS.22
(2) WHEN AN EMPLOYER VERIFIES AN INDIVIDUAL'S EMPLOYMENT23
ELIGIBILITY, THE EMPLOYER SHALL NOTIFY THE INDIVIDUAL OF THE24
PROHIBITION DESCRIBED IN SUBSECTION (1) O F T H I S S E C T I O N. THE25
NOTIFICATION MUST BE IN WRITING , IN ENGLISH AND IN THE LANGUAGE26
SPOKEN BY THE EMPLOYEE , IF OTHER THAN ENGLISH, AND MUST BE27
HB26-1283-4-
ACKNOWLEDGED BY THE EMPLOYEE . THE EMPLOYER SHALL RETAIN A1
RECORD OF THE NOTIFICATION AND ACKNOWLEDGMENT IN THE2
EMPLOYER'S EMPLOYMENT RECORDS.3
(3) NOTHING IN THIS SECTION PROHIBITS A GOVERNMENT AGENCY,4
LAW ENFORCEMENT OFFICER , OR EMPLOYER FROM RETAINING A5
GOVERNMENT-ISSUED IDENTIFICATION DOCUMENT IF THE DOCUMENT IS6
VALID AND THE RETENTION IS:7
(a) R EQUIRED BY STATE OR FEDERAL LAW OR REGULATION ,8
INCLUDING FOR THE PURPOSE OF VERIFYING AN INDIVIDUAL 'S9
EMPLOYMENT ELIGIBILITY; OR10
(b) PERFORMED PURSUANT TO A SIGNED JUDICIAL WARRANT.11
(4) A N EMPLOYER THAT VIOLATES SUBSECTION (1) OF THIS12
SECTION COMMITS CRIMINAL CONFISCATION OF A GOVERNMENT -ISSUED13
IDENTIFICATION CARD, AS DESCRIBED IN SECTION 18-5-903.7.14
(5) A S USED IN THIS SECTION , "GOVERNMENT-ISSUED15
IDENTIFICATION CARD" HAS THE MEANING SET FORTH IN SECTION 8-2-12516
(3)(c).17
SECTION 3. In Colorado Revised Statutes, add 18-5-903.7 as18
follows:19
18-5-903.7. Criminal confiscation of a government-issued20
identification card - bias-motivated confiscation - remedies -21
definition.22
(1) A PERSON COMMITS CRIMINAL CONFISCATION OF A23
GOVERNMENT-ISSUED IDENTIFICATION CARD IF THE PERSON KNOWINGLY24
TAKES INTO POSSESSION OR CONTROL , OR ATTEMPTS TO TAKE INTO25
POSSESSION OR CONTROL , AN INDIVIDUAL 'S GOVERNMENT -ISSUED26
IDENTIFICATION CARD WITHOUT LAWFUL AUTHORITY.27
HB26-1283-5-
(2) E XCEPT AS DESCRIBED IN SECTION 18-9-121, CRIMINAL1
CONFISCATION OF A GOVERNMENT -ISSUED IDENTIFICATION CARD IS A2
CLASS 2 MISDEMEANOR.3
(3) A S USED IN THIS SECTION , "GOVERNMENT-ISSUED4
IDENTIFICATION CARD" HAS THE MEANING SET FORTH IN SECTION 8-2-1255
(3)(c).6
SECTION 4. In Colorado Revised Statutes, 18-9-121, amend (2)7
and (3) as follows:8
18-9-121. Bias-motivated crimes - legislative declaration.9
(2) A person commits a bias-motivated crime if, with the intent to10
intimidate or harass another person, in whole or in part, because of that11
person's actual or perceived race, color, religion, ancestry, national origin,12
physical or mental disability, sexual orientation, or transgender identity,13
the person:14
(a) Knowingly causes bodily injury to another person; or15
(b) By words or conduct, knowingly places another person in fear16
of imminent lawless action directed at that person or that person's17
property and such words or conduct are likely to produce bodily injury to18
that person or damage to that person's property; or19
(c) Knowingly causes damage to or destruction of the property of20
another person;21
(d) KNOWINGLY DEMANDS, CONFISCATES, RETAINS, OR OTHERWISE22
REQUIRES A PERSON TO SURRENDER THE PERSON'S GOVERNMENT-ISSUED23
IDENTIFICATION CARD IN VIOLATION OF SECTION 8-2-124.5;24
(e) COMMITS CRIMINAL CONFISCATION OF A GOVERNMENT-ISSUED25
IDENTIFICATION CARD, AS DESCRIBED IN SECTION 18-5-903.7; OR26
(f) P ROVIDES, OR THREATENS TO PROVIDE , A PERSON 'S27
HB26-1283-6-
GOVERNMENT-ISSUED IDENTIFICATION OR PERSONAL DOCUMENTS TO1
FEDERAL IMMIGRATION AUTHORITIES.2
(3) Commission of a bias-motivated crime as described in3
paragraph (b) or (c) of subsection (2) SUBSECTIONS (2)(b) TO (2)(f) of this4
section is a class 1 misdemeanor. Commission of a bias-motivated crime5
as described in paragraph (a) of subsection (2) SUBSECTION (2)(a) of this6
section is a class 5 felony; except that commission of a bias-motivated7
crime as described in said paragraph (a) SUBSECTION (2)(a) OF THIS8
SECTION is a class 4 felony if the offender is physically aided or abetted9
by one or more other persons during the commission of the offense.10
SECTION 5. Applicability. This act applies to conduct occurring11
on or after the effective date of this act.12
SECTION 6. Safety clause. The general assembly finds,13
determines, and declares that this act is necessary for the immediate14
preservation of the public peace, health, or safety or for appropriations for15
the support and maintenance of the departments of the state and state16
institutions.17
HB26-1283-7-