Colo. Rev. Stat. § 24-4.1-401

Current through 11/5/2024 election
Section 24-4.1-401 - Definitions

As used in this part 4, unless the context otherwise requires:

(1) "Certification form" or "certification" means the federal form I-918, supplement B, "U Nonimmigrant Status Certification", or any successor form, required under 8 U.S.C. sec. 1184 (p)(1) and 8 CFR 214.14 (c)(2)(i) and as defined under 8 CFR 214.14 (a)(12), which confirms that the petitioner is a victim of qualifying criminal activity and has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the qualifying criminal activity of which the petitioner is a victim.
(2) "Certifying agency" or "agency" has the same meaning as defined in 8 CFR 214.14 (a)(2) and includes but is not limited to:
(a) A state or local law enforcement agency;
(b) The office of a district, county, or city attorney;
(c) A court;
(d) The office of the attorney general;
(e) Any other agency that is responsible for the detection, investigation, or prosecution of a qualifying crime or criminal activity; or
(f) Entities that have criminal detection or investigative jurisdiction in their respective areas of expertise, including but not limited to a county department of human or social services and the department of labor and employment.
(3) "Certifying official" has the same meaning as defined in 8 CFR 214.14 (a)(3) and includes but is not limited to:
(a) The head of the certifying agency;
(b) A person in a supervisory role who has been specifically designated by the head of a certifying agency to issue certifications on behalf of that agency; or
(c) A judge or magistrate.
(4) "Qualifying criminal activity" has the same meaning as defined in 8 CFR 214.14 (a)(9), including any activity that constitutes a crime as defined pursuant to Colorado law, regardless of the statutory language or title used pursuant to Colorado law, for which the nature and elements of the offenses are substantially similar to the general categories of offenses enumerated in 8 U.S.C. sec. 1101 (a)(15)(U), or any other similar criminal activities, and the attempt, conspiracy, or solicitation to commit any of those offenses.
(5) "Victim of qualifying criminal activity" or "victim" has the same meaning as defined in 8 CFR 214.14 (a)(14) and includes an individual who has suffered direct and proximate harm as a result of the commission of qualifying criminal activity, including direct victims; indirect victims, as defined under 8 CFR 214.14 (a)(14)(i), regardless of the direct victim's immigration or citizenship status; and bystander victims, as recognized under the federal register at 72 FR 53016.

C.R.S. § 24-4.1-401

Added by 2021 Ch. 126, § 1, eff. 9/1/2021.