Colorado HB 1250: Procedures Related to Civil Asset Forfeiture

Bill Text

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0305.02 Owen Hatch x2698 HOUSE BILL 26-1250
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
CONCERNING PROCEDURES RELATING TO STATE ACTION RESULTING IN101
THE RELINQUISHMENT OF PRIVATE PROPERTY, AND, IN102
CONNECTION THEREWITH, MAKING AN APPROPRIATION.103
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.)
The bill clarifies an existing requirement for the criminal
conviction of an owner by requiring that one or more criminal charges
must be brought as a prerequisite to any nuisance abatement or forfeiture
proceeding.
Existing law provides an exception to the conviction requirement
HOUSE SPONSORSHIP
DeGraaf and Bacon,
SENATE SPONSORSHIP
(None),
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.

that no criminal conviction is necessary if the plaintiff proves its case by
clear and convincing evidence. The bill repeals this exception, while
retaining other various exceptions that allow forfeiture actions to proceed
against the interest of a claimant.
The bill establishes a right to forfeiture defense counsel and
creates a procedure for the appointment of forfeiture defense counsel in
nuisance abatement and forfeiture proceedings. The bill creates a
forfeiture counsel defense fund, in the care of the state court
administrator, to pay for appointed forfeiture defense counsel who are
authorized to represent persons against whom a nuisance abatement or
forfeiture proceeding has been filed in connection with criminal charges.
The bill transfers $1.1 million from the law enforcement community
services grant program fund to the forfeiture counsel defense fund.
The bill alters the disposition of property and proceeds ordered
forfeited in a nuisance abatement or forfeiture action. Currently, forfeited
property and proceeds are applied first toward restitution and cost
recovery for a list of stakeholders, and 50% of the remainder is granted
to the local governmental body with authority over the seizing agency,
25% of the remainder is granted to the local behavioral health
administrative services organization, and 25% of the remainder is granted
to the law enforcement community services grant program fund. The bill
amends the disposition of the remainder so that 50% is granted to the
local governmental body with authority over the seizing agency, 25% is
granted to the forfeiture counsel defense fund, and 25% is granted to the
law enforcement community services grant program fund.
The bill appropriates $1.1 million to the judicial department from
the forfeiture counsel defense fund.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 16-13-302, amend2
(2) introductory portion and (2)(f); and repeal (2)(e) as follows:3
16-13-302. Public nuisances - policy.4
(2) It is also the policy of the general assembly that asset forfeiture5
pursuant to this part 3 shall be IS carried out pursuant to the following:6
(e) Each seizing agency retaining forfeited property for official7
law enforcement use shall ensure that the property is subject to controls8
consistent with controls which are applicable to property acquired through9
the normal appropriations process.10
HB26-1250-2-

(f) Each seizing agency which receives forfeiture proceeds shall1
conform with reporting, audit, and disposition procedures enumerated in2
this article ARTICLE 13.3
SECTION 2. In Colorado Revised Statutes, 16-13-307, amend4
(1.5), (1.6), (1.7) introductory portion, (1.7)(a)(II), (1.7)(b), (1.7)(d),5
(1.7)(e), (1.7)(f), and (5); and repeal (1.7)(c) as follows:6
16-13-307. Jurisdiction - venue - parties - process.7
(1.5) No A COURT SHALL NOT ENTER judgment of forfeiture of8
property in any forfeiture proceeding shall be entered unless and until an9
owner of the property is convicted of an offense listed in section10
16-13-301 or 16-13-303, or a lesser included offense of an eligible11
offense if the conviction is the result of a negotiated guilty plea. Nothing12
in this section shall be construed to require REQUIRES the conviction to be13
obtained in the same jurisdiction as the jurisdiction in which the forfeiture14
action is brought. In the event ONE OR MORE criminal charges MUST BE15
FILED arising from the same activity giving rise to the forfeiture,16
proceedings are filed against any individual claiming an interest in the17
property subject to the forfeiture proceeding, the trial and discovery18
phases of the forfeiture proceeding shall be staye