House Committee of Reference Report
Committee on Judiciary
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All text that will be removed from the bill will be indicated by strikethrough as follows:
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This is text that is removed from law. -
Text that is added to a bill will be indicated by either all capitals or bold & italic as follows:
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- This all capitals text would be added to law.
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April 21, 2026
After consideration on the merits, the Committee recommends the following:
HB26-1250 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:
Page 1, Line 1Amend printed bill, page 3, line 5, after "(1.7)(b)," insert "(1.7)(c),".
Page 1, Line 2Page 3, line 6, strike "(5); and repeal (1.7)(c)" and substitute "(5)".
Page 1, Line 3Page 5, strike lines 1 through 7 and substitute:
Page 1, Line 4"(c) If the plaintiff proves by clear and convincing evidence that
Page 1, Line 5the property was instrumental in the commission of an offense listed in
Page 1, Line 6section 16-13-303 (1) or that the property is traceable proceeds of the
Page 1, Line 7offense or related criminal activity by a nonowner and the plaintiff proves
Page 1, Line 8by clear and convincing evidence that an owner is not an innocent owner
Page 1, Line 9pursuant to section 16-13-303 (5.2)(a), a judgment of forfeiture may be
Page 1, Line 10entered without only after a criminal conviction of an owner the
Page 1, Line 11nonowner in the underlying criminal offense related to the
Page 1, Line 12property subject to the forfeiture proceeding.".
Page 1, Line 13Page 6, line 4, strike "of the right to forfeiture defense counsel"
Page 1, Line 14and substitute "of the ability to access legal representation".
Page 1, Line 15Page 6, line 7, strike "(3)(a)(VII)(B)," and substitute "(3)(a)(VII)(C),".
Page 1, Line 16Page 6, strike lines 21 through 27.
Page 1, Line 17Page 7, strike lines 1 and 2 and substitute:
Page 1, Line 18"(C) Twenty-five percent to the law enforcement community
Page 1, Line 19services grant program fund, created pursuant to section 24-32-124 (5)
Page 1, Line 20forfeiture defense counsel fund, created in section 16-13-318
Page 2, Line 1(3).".
Page 2, Line 2Page 7, strike lines 15 through 25.
Page 2, Line 3Renumber succeeding sections accordingly.
Page 2, Line 4Page 8, line 17, strike "- right to counsel".
Page 2, Line 5Page 8, line 24, strike "proceeding, and" and substitute "proceeding.".
Page 2, Line 6Page 8, strike lines 25 through 27.
Page 2, Line 7Page 9, strike lines 1 and 2.
Page 2, Line 8Reletter succeeding paragraphs accordingly.
Page 2, Line 9Page 9, after line 7, insert:
Page 2, Line 10"(e) "Private contractor" means the private contractor
Page 2, Line 11selected by the administrator pursuant to subsection (3)(c) of
Page 2, Line 12this section.".
Page 2, Line 13Page 9, strike lines 8 and 9 and substitute:
Page 2, Line 14"(2) (a) An indigent forfeiture defendant has the ability
Page 2, Line 15to access to legal representation.".
Page 2, Line 16Page 9, strike line 11.
Page 2, Line 17Page 9, line 12, strike "defendant and shall".
Page 2, Line 18Page 9, strike lines 22 through 27.
Page 2, Line 19Page 10, strike lines 1 through 20 and substitute:
Page 2, Line 20"(d) The private contractor shall, pursuant to the service
Page 2, Line 21agreement entered into pursuant to subsection (3)(c) of this
Page 2, Line 22section, pay the forfeiture defense counsel an amount not to
Page 2, Line 23exceed three thousand five hundred dollars for representing
Page 2, Line 24the forfeiture defendant in a forfeiture proceeding unless the
Page 2, Line 25court finds good cause for a higher payment. If the court finds
Page 2, Line 26good cause for a higher payment, the private contractor shall
Page 2, Line 27pay the forfeiture defense counsel the amount ordered.
Page 3, Line 1(e) Nothing in this section prevents forfeiture defense
Page 3, Line 2counsel from withdrawing representation of an indigent
Page 3, Line 3forfeiture defendant in accordance with the Colorado rules of
Page 3, Line 4professional conduct. If a forfeiture defense counsel withdraws
Page 3, Line 5representation of an indigent forfeiture defendant, the court
Page 3, Line 6may require the private contractor to appoint another
Page 3, Line 7forfeiture defense counsel for the defendant if the court finds
Page 3, Line 8the interest of justice requires another appointment.
Page 3, Line 9(f) (I) If a forfeiture defendant is represented by
Page 3, Line 10forfeiture defense counsel and prevails in the forfeiture
Page 3, Line 11proceeding, the court shall order the plaintiff to reimburse the
Page 3, Line 12forfeiture counsel defense fund in the amount of the payment
Page 3, Line 13made to the forfeiture defense counsel pursuant to subsection
Page 3, Line 14(2)(d) of this section. The administrator shall transmit all
Page 3, Line 15money received pursuant to this subsection (2)(f)(I) as
Page 3, Line 16reimbursement to the fund to the state treasurer, who shall
Page 3, Line 17credit the money to the fund.
Page 3, Line 18(II) If a forfeiture defendant is represented by private
Page 3, Line 19counsel and prevails in the forfeiture proceeding, the court
Page 3, Line 20shall order the plaintiff to reimburse private counsel for
Page 3, Line 21reasonable attorney fees incurred defending the forfeiture
Page 3, Line 22proceeding.".
Page 3, Line 24Page 11, line 6, strike "forfeiture defense counsel" and substitute
Page 3, Line 25"the private contractor".
Page 3, Line 26Page 11, after line 10, insert:
Page 3, Line 27"(c) (I) On or before September 1, 2026, the administrator
Page 3, Line 28shall enter into a service agreement with a private contractor
Page 3, Line 29who regularly provides legal services for indigent clients or
Page 3, Line 30litigants to provide a legal defense to a civil asset forfeiture
Page 3, Line 31proceeding or to contract with an attorney to provide a legal
Page 3, Line 32defense to a civil asset forfeiture proceeding.
Page 3, Line 33(II) Upon entering into an agreement with a private
Page 3, Line 34contractor, and on July 1 of each year thereafter, the
Page 3, Line 35administrator shall distribute the unencumbered money in the
Page 3, Line 36fund to the private contractor.
Page 3, Line 37(III) The private contractor shall maintain a list of
Page 3, Line 38qualified attorneys that the private contractor may provide or
Page 3, Line 39contract with to represent indigent forfeiture defendants. The
Page 3, Line 40private contractor shall update and provide the list for the
Page 3, Line 41administrator of contracted attorneys on an annual basis.
Page 3, Line 42(d) Upon request of a forfeiture defendant, the private
Page 4, Line 1contractor shall appoint a forfeiture defense counsel for the
Page 4, Line 2forfeiture defendant. The private contractor shall rotate the
Page 4, Line 3attorneys, as much as is practicable, to distribute forfeiture
Page 4, Line 4defense counsel cases evenly among qualifying attorneys
Page 4, Line 5selected by the private contractor.
Page 4, Line 6(e) The private contractor may retain unspent money at
Page 4, Line 7the end of a budget year for the purposes of providing a legal
Page 4, Line 8defense to a civil asset forfeiture proceeding pursuant to this
Page 4, Line 9section.
Page 4, Line 10(f) If there is any unspent money at the end of the service
Page 4, Line 11agreement, the private contractor shall return the unspent
Page 4, Line 12money to the administrator. The administrator shall transmit
Page 4, Line 13all money received from the private contractor to the state
Page 4, Line 14treasurer, who shall credit the money to the fund.
Page 4, Line 15(4) On or before March 1, 2027, and on or before October
Page 4, Line 161, 2027, and each October 1 thereafter, the private contractor
Page 4, Line 17shall report to the administrator the following:
Page 4, Line 18(a) The number of attorneys appointed pursuant to this
Page 4, Line 19section;
Page 4, Line 20(b) The costs associated with each case;
Page 4, Line 21(c) Any challenges or difficulties in retaining attorneys
Page 4, Line 22to serve as appointed forfeiture defense counsel; and
Page 4, Line 23(d) The amount of unspent money the private contractor
Page 4, Line 24retains at the end of the budget year.".
Page 4, Line 25Page 11, strike lines 11 through 22.
Page 4, Line 26Renumber succeeding sections accordingly.
Page 4, Line 27Page 11, line 24, after "(1.7)(b)," insert "(1.7)(c),".
Page 4, Line 28Page 11, line 25, strike "portion; repeal (1.7)(c);" and substitute
Page 4, Line 29"portion;".
Page 4, Line 30Page 13, strike lines 20 through 26 and substitute:
Page 4, Line 31(c) If the plaintiff proves by clear and convincing evidence that
Page 4, Line 32the property was instrumental in the commission of an offense listed in
Page 4, Line 33section 16-13-503 (1) or that the property is traceable proceeds of the
Page 4, Line 34offense or related criminal activity by a nonowner and the plaintiff proves
Page 4, Line 35by clear and convincing evidence that an owner is not an innocent owner
Page 4, Line 36pursuant to section 16-13-504 (2.2), a judgment of forfeiture may be
Page 4, Line 37entered without only after a criminal conviction of an owner the
Page 5, Line 1nonowner in the underlying criminal offense related to the
Page 5, Line 2property subject to the forfeiture proceeding.".
Page 5, Line 3Page 14, line 18, strike "right to" and substitute "ability to access".
Page 5, Line 4Page 14, strike lines 20 through 27.
Page 5, Line 5Strike pages 15 through 18.
Page 5, Line 6Page 19, strike lines 1 through 14.
Page 5, Line 7Renumber succeeding sections accordingly.
Page 5, Line 8Page 19, lines 22 and 23, strike "transferred to the fund pursuant to
Page 5, Line 9section 16-13-311, as it existed before July 1, 2026, any other money"
Page 5, Line 10and substitute "transferred to the fund pursuant to section 16-13-311, any
Page 5, Line 11other money".
Page 5, Line 12Page 19, line 24, strike "fund," and substitute "fund".
Page 5, Line 13Page 20, line 8, strike "one million dollars from" and substitute "the
Page 5, Line 14unexpended and unencumbered money in".
Page 5, Line 15Page 20, strike lines 15 through 17 and substitute:
Page 5, Line 16"(18) Pursuant to section 16-13-318, the state court
Page 5, Line 17administrator shall contract with legal counsel that provides
Page 5, Line 18a legal defense to a civil asset forfeiture proceeding or to
Page 5, Line 19contract with an attorney to provide a legal defense to a civil
Page 5, Line 20asset forfeiture proceeding.".
Page 5, Line 21Page 20, strikes lines 18 through 22.
Page 5, Line 22Renumber succeeding sections accordingly.
Page 5, Line 23Page 1, lines 102 and 103, strike "property, and, in connection
Page 5, Line 24therewith, making an appropriation." and substitute "property.".