A Bill for an Act
Page 1, Line 101Concerning the "Criminal Asset Forfeiture Act".
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 replaces existing statutes on public abatement and instead enacts provisions concerning criminal forfeiture. The bill:
- Limits forfeiture so it can occur only when a defendant is convicted of a crime of unlawful distribution, manufacturing, dispensing, or selling a controlled substance;
- Specifies that a forfeiture proceeding is not a separate civil proceeding but part of a defendant's criminal proceeding;
- Specifies when personal property may be seized with or without process;
- Establishes duties and procedures when property is seized;
- Establishes court procedures for various parties;
- Allows for the disposition of seized assets and proceeds consistent with prior law; and
- Establishes limitations on seizures involving the federal government.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add part 11 to article
Page 2, Line 313 of title 16 as follows:
Page 2, Line 4PART 11
Page 2, Line 5CRIMINAL ASSET FORFEITURE ACT
Page 2, Line 616-13-1101. Short title and application. (1) The short title
Page 2, Line 7of this part 11 is the "Criminal Asset Forfeiture Act".
Page 2, Line 8(2) This part 11 applies to the seizure and forfeiture of
Page 2, Line 9property used in and derived directly from the unlawful
Page 2, Line 10distribution, manufacturing, dispensing, or sale of controlled
Page 2, Line 11substances, as described in section 18-18-405.
Page 2, Line 1216-13-1102. Definitions.As used in this part 11, unless the
Page 2, Line 13context otherwise requires:
Page 2, Line 14(1) "Abandoned property" means personal property to
Page 2, Line 15which a possessor relinquishes all rights of ownership or
Page 2, Line 16control. "Abandoned property" does not include real property.
Page 2, Line 17(2) "Actual knowledge" means direct and clear
Page 2, Line 18awareness of information, a fact, or a condition.
Page 2, Line 19(3) "Contraband" means goods that, in themselves, are
Page 2, Line 20unlawful to possess, including a scheduled drug obtained
Page 2, Line 21without a lawful prescription or an illegally possessed firearm.
Page 3, Line 1(4) "Conveyance" means a device used for transportation,
Page 3, Line 2including a motor vehicle, trailer, snowmobile, airplane, vessel,
Page 3, Line 3or equipment attached to one of these devices. "Conveyance"
Page 3, Line 4does not include stolen property.
Page 3, Line 5(5) "Innocent owner" means an owner, co-owner,
Page 3, Line 6defendant's heir, or other person who regularly uses the
Page 3, Line 7property subject to forfeiture, but who does not have actual
Page 3, Line 8knowledge of the use of the property in the crime that
Page 3, Line 9authorizes the forfeiture of the property. "Innocent owner"
Page 3, Line 10does not include a defendant or a secured interest holder.
Page 3, Line 11(6) "Instrumentality" means property otherwise lawful to
Page 3, Line 12possess that is used in a crime that authorizes the forfeiture of
Page 3, Line 13the property. "Instrumentality" includes land, buildings,
Page 3, Line 14containers, conveyances, equipment, materials, products, tools,
Page 3, Line 15computers, computer software, telecommunications devices,
Page 3, Line 16firearms, ammunition, and ammunition- and firearm-accessories.
Page 3, Line 17(7) "Law enforcement agency" means a nonfederal police
Page 3, Line 18force, or other local, county, city and county, or state agency,
Page 3, Line 19that has the authority pursuant to Colorado law to engage in
Page 3, Line 20seizure and forfeiture.
Page 3, Line 21(8) "Personal property" means a movable or intangible
Page 3, Line 22asset of value that is subject to ownership. "Personal property"
Page 3, Line 23does not include real property or proceeds.
Page 3, Line 24(9) "Proceeds" means United States currency, currency of
Page 3, Line 25another nation, digital and cryptocurrency, securities,
Page 3, Line 26negotiable instruments, or other means of exchange obtained
Page 3, Line 27from the sale of property or contraband.
Page 4, Line 1(10) "Prosecuting authority" means a municipal attorney,
Page 4, Line 2solicitor, district attorney, attorney general, or other
Page 4, Line 3government official legally authorized to prosecute crime.
Page 4, Line 4(11) "Public defender" means an attorney employed by or
Page 4, Line 5contracted with the office of the state public defender created
Page 4, Line 6pursuant to article 1 of title 21, the office of alternate defense
Page 4, Line 7counsel created pursuant to article 2 of title 21, or a municipal
Page 4, Line 8public defender.
Page 4, Line 9(12) "Real property" means immovable property and real
Page 4, Line 10estate and realty, including land and anything growing on,
Page 4, Line 11attached to, or erected on the land, such as a building.
Page 4, Line 12(13) "Secured interest holder" means a person who is a
Page 4, Line 13secured creditor, mortgagee, lienholder, or other person who
Page 4, Line 14has a valid claim, security interest, mortgage, lien, leasehold,
Page 4, Line 15or other interest in the property subject to forfeiture. "Secured
Page 4, Line 16interest holder" does not include a defendant or an innocent
Page 4, Line 17owner.
Page 4, Line 1816-13-1103. Purpose. (1) The purpose of this part 11 is to:
Page 4, Line 19(a) Deter crime by reducing its economic incentives;
Page 4, Line 20(b) Confiscate property used in violation of law;
Page 4, Line 21(c) Disgorge the fruit of illegal conduct; and
Page 4, Line 22(d) Protect the due process rights of property owners.
Page 4, Line 2316-13-1104. Jurisdiction. (1) There is no civil forfeiture
Page 4, Line 24under this part 11.
Page 4, Line 25(2) The court that has jurisdiction in the related criminal
Page 4, Line 26case has jurisdiction in the forfeiture proceeding described
Page 4, Line 27pursuant to this part 11.
Page 5, Line 1(3) A forfeiture proceeding is part of the prosecution of
Page 5, Line 2the related crime, and the forfeiture proceeding must follow a
Page 5, Line 3finding of the defendant's guilt or be conducted at the court's
Page 5, Line 4discretion. The court shall conduct the forfeiture proceeding
Page 5, Line 5without a jury.
Page 5, Line 6(4) All forfeiture-related motions must be filed in the
Page 5, Line 7criminal court with jurisdiction over the criminal case at the
Page 5, Line 8time of filing.
Page 5, Line 9(5) If the initial court binds over or transfers the criminal
Page 5, Line 10case to another court, the initial court shall transfer the
Page 5, Line 11forfeiture-related motions along with the criminal case to the
Page 5, Line 12other court. At its discretion, the initial court may postpone a
Page 5, Line 13forfeiture-related hearing and bind over a forfeiture-related
Page 5, Line 14motion to another court in the interests of justice and efficient
Page 5, Line 15use of governmental resources.
Page 5, Line 1616-13-1105. Seizure of proceeds without process.
Page 5, Line 17(1) Proceeds may be seized without a court order if the state has
Page 5, Line 18probable cause to believe the proceeds that are forfeitable
Page 5, Line 19pursuant to this part 11 were or may be used in the purchase of
Page 5, Line 20a controlled or other illegal substance or derived directly
Page 5, Line 21from another illegal activity, and:
Page 5, Line 22(a) The seizure is incident to a lawful arrest;
Page 5, Line 23(b) The delay caused by the necessity of obtaining a court
Page 5, Line 24order authorizing seizure would reasonably result in the
Page 5, Line 25removal or destruction of the proceeds that are forfeitable
Page 5, Line 26pursuant to this part 11;
Page 5, Line 27(c) The personal property is the subject of a prior and
Page 6, Line 1valid judgment of forfeiture in favor of the state; or
Page 6, Line 2(d) The proceeds are seized or impounded as evidence in a
Page 6, Line 3criminal prosecution or investigation independent of forfeiture.
Page 6, Line 416-13-1106. Seizure of personal property without process.
Page 6, Line 5(1) Personal property subject to forfeiture may be seized
Page 6, Line 6without a court order if:
Page 6, Line 7(a) The seizure is incident to a lawful arrest;
Page 6, Line 8(b) The state has probable cause to believe the property
Page 6, Line 9was used or was attempted to be used in a manner that makes the
Page 6, Line 10property forfeitable pursuant to this part 11;
Page 6, Line 11(c) The state has probable cause to believe the delay
Page 6, Line 12caused by the necessity of obtaining a court order would
Page 6, Line 13reasonably result in the removal or destruction of the
Page 6, Line 14property that is forfeitable pursuant to this part 11;
Page 6, Line 15(d) The property is the subject of a prior and valid
Page 6, Line 16judgment of forfeiture in favor of the state; or
Page 6, Line 17(e) The property is seized or impounded as evidence in a
Page 6, Line 18criminal prosecution or investigation independent of forfeiture.
Page 6, Line 1916-13-1107. Seizure of personal property with process.At the
Page 6, Line 20request of the state, the court may issue an ex parte order to
Page 6, Line 21search, attach, seize, or secure proceeds and personal property
Page 6, Line 22for which forfeiture is sought and to provide for their custody.
Page 6, Line 23Application, issuance, execution, and return are subject to the
Page 6, Line 24laws of this state and court rules.
Page 6, Line 2516-13-1108. Seizure or restraint of real property with process.
Page 6, Line 26(1) Real property must not be seized or restrained without a
Page 6, Line 27court order.
Page 7, Line 1(2) A court must not issue an order to seize or restrain
Page 7, Line 2real property unless the defendant and any other person with
Page 7, Line 3a known interest in the real property receive proper notice and
Page 7, Line 4the defendant and another person with a known interest in the
Page 7, Line 5property are given an opportunity for a contested hearing to
Page 7, Line 6determine the existence of probable cause for the seizure.
Page 7, Line 7(3) Notice must be made by publication if notice by
Page 7, Line 8personal service is not successful after reasonable attempts.
Page 7, Line 9(4) This section does not prohibit a prosecuting authority
Page 7, Line 10from seeking a lis pendens or restraining order to hinder the
Page 7, Line 11sale or destruction of real property. However, if the
Page 7, Line 12prosecuting authority obtains a lis pendens or restraining
Page 7, Line 13order, the prosecuting authority shall notify the defendant
Page 7, Line 14and any other person with a known interest in the property
Page 7, Line 15within thirty days after filing the lis pendens.
Page 7, Line 16(5) Application, filing, issuance, execution, and return of
Page 7, Line 17a court order are subject to the laws of this state and court
Page 7, Line 18rules.
Page 7, Line 1916-13-1109. Stolen property and contraband. (1) A property
Page 7, Line 20right does not exist in stolen property or contraband. Stolen
Page 7, Line 21property and contraband are subject to seizure.
Page 7, Line 22(2) Stolen property must be returned, and contraband
Page 7, Line 23must be disposed of according to the laws of this state.
Page 7, Line 24(3) Notwithstanding subsection (2) of this section, the
Page 7, Line 25court may impose reasonable conditions on the release of stolen
Page 7, Line 26property and the disposal of contraband, including the use of
Page 7, Line 27photographic evidence, to preserve the property for later use as
Page 8, Line 1evidence in proceedings held pursuant to this part 11 or the
Page 8, Line 2related criminal prosecution.
Page 8, Line 316-13-1110. Storing seized property and depositing seized
Page 8, Line 4proceeds. (1) The seizing agency is responsible for providing
Page 8, Line 5adequate storage, security, preservation, and maintenance for
Page 8, Line 6seized property unless another agency agrees to accept the
Page 8, Line 7responsibility. The commander of a multijurisdictional task
Page 8, Line 8force may assign this responsibility to one agency.
Page 8, Line 9(2) The seizing agency shall store seized instrumentalities
Page 8, Line 10in an appropriate place for preservation and maintenance.
Page 8, Line 11(3) The seizing agency shall deposit seized proceeds in an
Page 8, Line 12interest-bearing account pending the exhaustion of appeals or
Page 8, Line 13the receipt of a court order to disburse the seized proceeds.
Page 8, Line 14(4) Notwithstanding subsection (3) of this section, the
Page 8, Line 15seizing agency may take reasonable actions, including the use of
Page 8, Line 16photography, to preserve for later use evidence of the proceeds
Page 8, Line 17in proceedings held pursuant to this part 11 or in the related
Page 8, Line 18criminal prosecution.
Page 8, Line 1916-13-1111. Receipt. (1) At the time of the seizure, the law
Page 8, Line 20enforcement officer who seizes the property shall give an
Page 8, Line 21itemized receipt to the person who possesses the property.
Page 8, Line 22(2) The itemized receipt must be numbered for reference
Page 8, Line 23and constitutes notice of seizure.
Page 8, Line 24(3) If the person who possesses the property is not present
Page 8, Line 25when the law enforcement officer seizes the property, the
Page 8, Line 26officer shall leave a receipt in the place where the property was
Page 8, Line 27found, if possible.
Page 9, Line 116-13-1112. Property exempt from seizure and forfeiture.
Page 9, Line 2(1) The prosecuting authority may establish minimum dollar
Page 9, Line 3amounts for seizure of United States currency and motor
Page 9, Line 4vehicles in the prosecuting authority's jurisdiction. The
Page 9, Line 5prosecuting authority shall set the minimums in the interests of
Page 9, Line 6justice and efficient use of government resources. The minimums
Page 9, Line 7must be based on the prosecuting authority's exclusive
Page 9, Line 8determination and may reflect:
Page 9, Line 9(a) The deterrence that minimum-dollar seizures have on
Page 9, Line 10crime;
Page 9, Line 11(b) The criminal offenses that include the seizure of
Page 9, Line 12property; and
Page 9, Line 13(c) The costs to seize and forfeit property.
Page 9, Line 14(2) The prosecuting authority shall post on its website the
Page 9, Line 15publications that law enforcement agencies may use to
Page 9, Line 16establish the value of a motor vehicle in the prosecuting
Page 9, Line 17authority's jurisdiction. The publications may include the
Page 9, Line 18Kelley Blue Book and the JD Power/NADA Official Used Car
Page 9, Line 19Guide.
Page 9, Line 2016-13-1113. Waivers permitted and prohibited. (1) A person
Page 9, Line 21from whom property is seized may relinquish the person's rights,
Page 9, Line 22interests, and title in the seized property by knowingly and
Page 9, Line 23voluntarily executing a waiver that is agreed to by the
Page 9, Line 24prosecuting authority.
Page 9, Line 25(2) A waiver may be part of an agreement with the
Page 9, Line 26prosecuting authority. However, the prosecuting authority
Page 9, Line 27shall not condition the initial engagement in plea negotiations
Page 10, Line 1upon the waiver of the person's rights, interests, and title in the
Page 10, Line 2seized property.
Page 10, Line 3(3) A waiver executed pursuant to subsections (1) and (2)
Page 10, Line 4of this section is subject to a claim by a secured interest holder,
Page 10, Line 5innocent owner, or other person entitled to notice pursuant to
Page 10, Line 6section 16-13-1116. The claimant may consent to certain issues
Page 10, Line 7and request that the court determine the remaining issues.
Page 10, Line 8(4) A law enforcement officer, other than the prosecuting
Page 10, Line 9authority, shall not request, induce, or require, in a waiver, a
Page 10, Line 10person to relinquish, for purpose of forfeiture, the person's
Page 10, Line 11rights, interest, and title in a property. Such a waiver is void and
Page 10, Line 12inadmissible in court.
Page 10, Line 1316-13-1114. Title.Title to the property subject to
Page 10, Line 14forfeiture is vested with the state when the court issues a
Page 10, Line 15forfeiture judgment and relates back to the time when the law
Page 10, Line 16enforcement agency seized or restrained the property. Title to
Page 10, Line 17substitute assets is vested when the court issues an order
Page 10, Line 18forfeiting substitute assets.
Page 10, Line 1916-13-1115. Counsel and pro se representation. (1) If a public
Page 10, Line 20defender or counsel appointed by the court represents a
Page 10, Line 21claimant-defendant in a criminal matter, the public defender or
Page 10, Line 22appointed counsel shall represent the defendant in the related
Page 10, Line 23forfeiture proceeding.
Page 10, Line 24(2) If the defendant or a claimant who is an innocent
Page 10, Line 25owner engages in pro se representation in the forfeiture
Page 10, Line 26proceeding before a judge, the judge may exercise the judge's
Page 10, Line 27discretion in applying the rules of pleading, procedure, or
Page 11, Line 1evidence.
Page 11, Line 216-13-1116. Notice to other known owners. (1) The
Page 11, Line 3prosecuting authority shall perform a reasonable search of
Page 11, Line 4vehicle registrations, property records, and other public
Page 11, Line 5records to identify a person, other than the defendant, known
Page 11, Line 6to have an interest in the property that is subject to forfeiture.
Page 11, Line 7(2) The prosecuting authority or the prosecuting
Page 11, Line 8authority's designee shall give notice to a person identified as
Page 11, Line 9having an interest in the property that is subject to forfeiture
Page 11, Line 10who is not charged or indicted. The notice must include the
Page 11, Line 11seizure receipt number required pursuant to section 16-13-1111.
Page 11, Line 12The prosecuting authority or the prosecuting authority's
Page 11, Line 13designee may provide notice by publication if notice by personal
Page 11, Line 14service is not successful after reasonable attempts.
Page 11, Line 15(3) The following language must appear substantially
Page 11, Line 16and conspicuously in the notice:
Page 11, Line 17WARNING: You may lose the right to be heard in court if
Page 11, Line 18you do not file a simple statement of interest or
Page 11, Line 19ownership promptly. You do not have to pay a filing fee to
Page 11, Line 20file your notice.
Page 11, Line 21(4) If the prosecuting authority or the prosecuting
Page 11, Line 22authority's designee does not serve notice by personal service
Page 11, Line 23or by publication, and all extension periods have expired, the
Page 11, Line 24court shall order the return of the property within five days to
Page 11, Line 25a claimant who has a valid interest in the property and is
Page 11, Line 26entitled to notice pursuant to subsection (2) of this section. The
Page 11, Line 27court shall not order the return of contraband.
Page 12, Line 1(5) After the court issues an order to return the
Page 12, Line 2property, a further claim by a prosecuting authority to the
Page 12, Line 3property is invalid.
Page 12, Line 4(6) Notwithstanding subsection (4) of this section, the
Page 12, Line 5court may impose reasonable conditions on the return of the
Page 12, Line 6property, including the use of photographic evidence, to
Page 12, Line 7preserve the property for later use as evidence in proceedings
Page 12, Line 8held pursuant to this part 11 or the related criminal
Page 12, Line 9prosecution.
Page 12, Line 1016-13-1117. Prompt post-seizure hearing - return of seized
Page 12, Line 11property to obtain counsel. (1) Following seizure of property, a
Page 12, Line 12defendant or another person with an interest in the property
Page 12, Line 13has a right to a prompt post-seizure hearing.
Page 12, Line 14(2) A person with an interest in the property may petition
Page 12, Line 15the court for a hearing to be held within fourteen days after
Page 12, Line 16filing the petition.
Page 12, Line 17(3) At the court's discretion, it may hold a prompt
Page 12, Line 18post-seizure hearing:
Page 12, Line 19(a) As a separate hearing; or
Page 12, Line 20(b) At the same time as a probable cause hearing, a
Page 12, Line 21post-arraignment hearing, a suppression hearing, an omnibus
Page 12, Line 22hearing, or another pretrial hearing.
Page 12, Line 23(4) A party, by agreement or for good cause, may move for
Page 12, Line 24one extension of the hearing date. The party may support a
Page 12, Line 25motion with affidavits or other submissions.
Page 12, Line 26(5) The court shall order the return of property if the
Page 12, Line 27court finds:
Page 13, Line 1(a) The seizure of the property was unconstitutional;
Page 13, Line 2(b) A criminal charge has not been filed and no time
Page 13, Line 3remains to file a charge;
Page 13, Line 4(c) The petitioner is an innocent owner or secured interest
Page 13, Line 5holder; or
Page 13, Line 6(d) The government's continued possession of a motor
Page 13, Line 7vehicle will cause substantial hardship to an immediate family
Page 13, Line 8member of the defendant, including preventing the family
Page 13, Line 9member from working or inconveniencing the transportation of
Page 13, Line 10the family member's child.
Page 13, Line 11(6) Upon the court order to return the property, a
Page 13, Line 12further claim by a prosecuting authority to the property is
Page 13, Line 13invalid. The court shall not order the return of contraband.
Page 13, Line 14(7) Notwithstanding subsection (5) of this section, the
Page 13, Line 15court may impose reasonable conditions on the return of the
Page 13, Line 16seized property, including requiring photographic evidence of
Page 13, Line 17the seized property, to preserve the property for later use as
Page 13, Line 18evidence in proceedings held pursuant to this part 11 or the
Page 13, Line 19related criminal prosecution.
Page 13, Line 2016-13-1118. Notice of proposed forfeiture. (1) If the state
Page 13, Line 21seeks forfeiture of property, the prosecuting authority shall
Page 13, Line 22file with the court a notice of proposed forfeiture. The notice
Page 13, Line 23must be a separate document. The notice must include:
Page 13, Line 24(a) A description of the property seized;
Page 13, Line 25(b) The time, date, and place of the seizure;
Page 13, Line 26(c) The seizure receipt number required by section
Page 13, Line 2716-13-1111; and
Page 14, Line 1(d) A description of how the property was used in or
Page 14, Line 2derived from the alleged crime.
Page 14, Line 3(2) The prosecuting authority shall allege in the notice
Page 14, Line 4that the forfeiture of property may occur as a process after the
Page 14, Line 5conviction of the crime for which the defendant is charged or as
Page 14, Line 6part of sentencing consideration. The court shall not read the
Page 14, Line 7notice to the jury.
Page 14, Line 8(3) The prosecuting authority shall serve the notice:
Page 14, Line 9(a) With the initial charging instrument;
Page 14, Line 10(b) Separately from, but not later than ninety days after,
Page 14, Line 11the presentment of the charging instrument for a misdemeanor;
Page 14, Line 12(c) Not later than the earlier of ninety days after
Page 14, Line 13presentment to a grand jury or one hundred eighty days after
Page 14, Line 14an arrest for a felony; or
Page 14, Line 15(d) At the court's discretion.
Page 14, Line 16(4) At the court's discretion, the court may allow the
Page 14, Line 17prosecuting authority to amend the notice as required in the
Page 14, Line 18interest of justice.
Page 14, Line 19(5) The court shall order the return of the seized
Page 14, Line 20property to the owner if the prosecuting authority does not file
Page 14, Line 21a charging instrument as provided by the court's rules, the
Page 14, Line 22period of an extension expires, or the court does not grant an
Page 14, Line 23extension unless a charge is not filed pursuant to an agreement
Page 14, Line 24or waiver.
Page 14, Line 25(6) Upon the court's issuing an order to return the
Page 14, Line 26property, no further claim by a prosecuting authority to the
Page 14, Line 27property is valid. The court shall not order the return of
Page 15, Line 1contraband.
Page 15, Line 2(7) Notwithstanding subsection (5) of this section, the
Page 15, Line 3court may impose reasonable conditions on the return of the
Page 15, Line 4property, including the use of photographic evidence, to
Page 15, Line 5preserve the property for later use as evidence in another
Page 15, Line 6criminal prosecution.
Page 15, Line 716-13-1119. Discovery.Discovery related to the forfeiture
Page 15, Line 8proceeding held pursuant to this part 11 is subject to the rules
Page 15, Line 9of criminal procedure or court rules for general discovery.
Page 15, Line 1016-13-1120. Trial - conviction required and standard of proof.
Page 15, Line 11(1) Property may be forfeited if:
Page 15, Line 12(a) The state secures a conviction for a crime described in
Page 15, Line 13section 18-18-405, 18-18-406, 18-18-406.2, or 18-18-406.9; and
Page 15, Line 14(b) The state establishes by a preponderance of the
Page 15, Line 15evidence that the seized property is an instrumentality of, or is
Page 15, Line 16the proceeds derived directly from, the crime for which the
Page 15, Line 17state secured a conviction.
Page 15, Line 18(2) The court shall hold the forfeiture proceeding after
Page 15, Line 19the defendant's conviction in the criminal prosecution. At its
Page 15, Line 20discretion, the court may hold the forfeiture proceeding as soon
Page 15, Line 21as practicable, including concurrent with sentencing. The court
Page 15, Line 22shall conduct the forfeiture proceeding without a jury.
Page 15, Line 23(3) Provided that all persons entitled to notice pursuant
Page 15, Line 24to section 16-13-1116 consent to the forfeiture, this part 11 does
Page 15, Line 25not prohibit property from being forfeited by:
Page 15, Line 26(a) A consent order or plea agreement approved by the
Page 15, Line 27court;
Page 16, Line 1(b) A diversion agreement; or
Page 16, Line 2(c) A grant of immunity or reduced punishment, with or
Page 16, Line 3without the filing of a criminal charge, in exchange for
Page 16, Line 4testifying or assisting a law enforcement investigation or
Page 16, Line 5prosecution.
Page 16, Line 6(4) A person entitled to notice may consent to some issues
Page 16, Line 7and litigate remaining issues before the court without a jury.
Page 16, Line 816-13-1121. Exceptions to the conviction requirement. (1) The
Page 16, Line 9court may waive the conviction required pursuant to section
Page 16, Line 1016-13-1120 and grant the title of the seized property to the state
Page 16, Line 11if the prosecuting authority files a motion no fewer than ninety
Page 16, Line 12days after seizure and shows by a preponderance of the evidence
Page 16, Line 13that the defendant, before conviction:
Page 16, Line 14(a) Abandoned the property;
Page 16, Line 15(b) Absconded from the jurisdiction;
Page 16, Line 16(c) Was deported by the United States government;
Page 16, Line 17(d) Was extradited to another state or foreign
Page 16, Line 18jurisdiction; or
Page 16, Line 19(e) Died.
Page 16, Line 20(2) Notwithstanding subsection (1)(e) of this section, the
Page 16, Line 21defendant's death does not preclude the defendant's heir or
Page 16, Line 22legatee from filing a claim as an innocent owner for the seized
Page 16, Line 23property pursuant to section 16-13-1124.
Page 16, Line 2416-13-1122. Proportionality. (1) The defendant may petition
Page 16, Line 25the court to determine whether the forfeiture is
Page 16, Line 26unconstitutionally excessive under the state constitution or
Page 16, Line 27the United States constitution.
Page 17, Line 1(2) At the court's discretion, the court may hold a
Page 17, Line 2proportionality hearing:
Page 17, Line 3(a) As a separate hearing;
Page 17, Line 4(b) At the same time as a probable cause determination, a
Page 17, Line 5post-arraignment hearing, a suppression hearing, an omnibus
Page 17, Line 6hearing, or another pretrial hearing;
Page 17, Line 7(c) At trial; or
Page 17, Line 8(d) Upon conviction.
Page 17, Line 9(3) The defendant has the burden of establishing, by a
Page 17, Line 10preponderance of the evidence, that the property forfeiture is
Page 17, Line 11unconstitutionally excessive under the state constitution or
Page 17, Line 12the United States constitution at a hearing conducted by the
Page 17, Line 13court without a jury.
Page 17, Line 14(4) (a) At a hearing prior to conviction, as allowed
Page 17, Line 15pursuant to subsection (2)(a), (2)(b), or (2)(c) of this section, the
Page 17, Line 16court first must determine, by a preponderance of the evidence,
Page 17, Line 17if the prosecuting authority will secure a conviction. The court
Page 17, Line 18then must determine if the forfeiture is unconstitutionally
Page 17, Line 19excessive.
Page 17, Line 20(b) At a hearing allowed pursuant to subsection (2) of this
Page 17, Line 21section, the court may consider all relevant factors to
Page 17, Line 22determine if the forfeiture is unconstitutionally excessive,
Page 17, Line 23including:
Page 17, Line 24(I) The seriousness of the crime and its impact on the
Page 17, Line 25community, including the duration of the activity, use of a
Page 17, Line 26firearm, and harm caused by the defendant;
Page 17, Line 27(II) The extent to which the defendant participated in the
Page 18, Line 1crime;
Page 18, Line 2(III) The extent to which the seized property was integral
Page 18, Line 3to facilitating the crime;
Page 18, Line 4(IV) Whether the crime was completed or attempted; and
Page 18, Line 5(V) The sentence or fine to be imposed for committing the
Page 18, Line 6crime.
Page 18, Line 7(5) In determining the value of the instrumentality
Page 18, Line 8subject to forfeiture, the court may consider all relevant
Page 18, Line 9factors related to the fair market value of the property,
Page 18, Line 10including information in a publication referenced by the
Page 18, Line 11prosecuting authority pursuant to section 16-13-1112.
Page 18, Line 12(6) The court may not consider the benefit or value to the
Page 18, Line 13state of the seized property in determining whether the
Page 18, Line 14forfeiture is unconstitutionally excessive.
Page 18, Line 15(7) Upon the court's issuing an order to return the
Page 18, Line 16property, a further claim by a prosecuting authority to the
Page 18, Line 17property is invalid. The court shall not order the return of
Page 18, Line 18contraband.
Page 18, Line 1916-13-1123. Secured interest holder. (1) Seized property
Page 18, Line 20encumbered by a secured interest holder must not be forfeited
Page 18, Line 21up to the value of the interest. The prosecuting authority shall
Page 18, Line 22summarily return property to a secured interest holder up to
Page 18, Line 23the value of the interest; except that the prosecuting authority
Page 18, Line 24shall not return contraband.
Page 18, Line 25(2) If the property is not summarily returned, the secured
Page 18, Line 26interest holder may move the court at any time before the court
Page 18, Line 27enters judgment in the criminal prosecution or grants the
Page 19, Line 1motion described in section 16-13-1121 for the return of the
Page 19, Line 2property. The motion must include the seizure receipt number
Page 19, Line 3required by section 16-13-1111, if available.
Page 19, Line 4(3) The court shall hear the petition within thirty-five
Page 19, Line 5days after the petition's filing or at the court's discretion. The
Page 19, Line 6hearing must be held before the court alone, without a jury. The
Page 19, Line 7court may consolidate the hearing on the petition with another
Page 19, Line 8hearing before the court in the case.
Page 19, Line 9(4) The secured interest holder must allege the validity
Page 19, Line 10of the security interest, mortgage, lien, leasehold, lease, rental
Page 19, Line 11agreement, or other agreement.
Page 19, Line 12(5) If the secured interest holder alleges a valid interest
Page 19, Line 13but the prosecuting authority seeks to proceed, the prosecuting
Page 19, Line 14authority shall prove by a preponderance of the evidence that:
Page 19, Line 15(a) The interest is invalid;
Page 19, Line 16(b) The interest resulted from a fraudulent transfer;
Page 19, Line 17(c) The interest is held through a straw purchase, trust,
Page 19, Line 18or other means for the benefit of the defendant; or
Page 19, Line 19(d) The secured interest holder consented to the use of
Page 19, Line 20the seized property in the crime for which the defendant is
Page 19, Line 21charged.
Page 19, Line 22(6) If the state fails to meet its burden pursuant to
Page 19, Line 23subsection (5) of this section, the court shall order the state to
Page 19, Line 24relinquish claims to the seized property, up to the value of the
Page 19, Line 25interest, and return the interest to the secured interest holder
Page 19, Line 26within five days of the court's finding.
Page 19, Line 27(7) Notwithstanding subsection (6) of this section, the
Page 20, Line 1court may impose reasonable conditions on the return of the
Page 20, Line 2seized property, including requiring photographic evidence of
Page 20, Line 3the seized property, to preserve the property for later use as
Page 20, Line 4evidence in proceedings held pursuant to this part 11 or the
Page 20, Line 5related criminal prosecution.
Page 20, Line 616-13-1124. Innocent owner. (1) The court shall not forfeit
Page 20, Line 7seized property of an innocent owner. The prosecuting authority
Page 20, Line 8shall summarily return property to an innocent owner; except
Page 20, Line 9that the prosecuting authority shall not return contraband.
Page 20, Line 10(2) If the property is not summarily returned, an innocent
Page 20, Line 11owner claimant may move the court at any time before the
Page 20, Line 12court enters judgment in the criminal prosecution or grants the
Page 20, Line 13motion described in section 16-13-1121 for the return of the
Page 20, Line 14property.
Page 20, Line 15(3) The court shall hear the innocent owner claimant's
Page 20, Line 16motion within thirty-five days after filing or at the court's
Page 20, Line 17discretion. The hearing must be held before the court without a
Page 20, Line 18jury. The court may consolidate the hearing on the claimant's
Page 20, Line 19motion with another hearing before the court in the case.
Page 20, Line 20(4) The innocent owner claimant may petition the court by
Page 20, Line 21filing a simple statement that sets forth:
Page 20, Line 22(a) The claimant's interest or regular use of the seized
Page 20, Line 23property;
Page 20, Line 24(b) The time and circumstances of the claimant's
Page 20, Line 25acquisition of the interest in the property;
Page 20, Line 26(c) Additional facts or evidence supporting the claimant's
Page 20, Line 27claim;
Page 21, Line 1(d) An affirmation of the validity of the interest or
Page 21, Line 2regular use of the property;
Page 21, Line 3(e) The relief sought by the claimant; and
Page 21, Line 4(f) The seizure receipt number required by section
Page 21, Line 516-13-1111, if available.
Page 21, Line 6(5) The filing fee for a claimant's petition filed pursuant
Page 21, Line 7to this section is waived.
Page 21, Line 8(6) If the prosecuting authority seeks to proceed, the
Page 21, Line 9prosecuting authority shall prove by a preponderance of the
Page 21, Line 10evidence that the claimant is not an innocent owner because:
Page 21, Line 11(a) The claimant did not regularly use the seized
Page 21, Line 12property;
Page 21, Line 13(b) The claimant's interest in the seized property is
Page 21, Line 14invalid;
Page 21, Line 15(c) The claimant's interest is held through a straw
Page 21, Line 16purchase, trust, or otherwise for the benefit of the defendant;
Page 21, Line 17(d) The claimant was not a bona fide purchaser without
Page 21, Line 18notice of any defect in title and for valuable consideration;
Page 21, Line 19(e) The claimant consented to the use of the property for
Page 21, Line 20the crime for which the defendant is charged;
Page 21, Line 21(f) The claimant was willfully blind to the crime for
Page 21, Line 22which the defendant is charged; or
Page 21, Line 23(g) The claimant had actual knowledge of the crime and
Page 21, Line 24the claimant did not take reasonable steps to prevent the use of
Page 21, Line 25the seized property in the crime for which the defendant is
Page 21, Line 26charged; except that the claimant is not required to take steps
Page 21, Line 27the claimant reasonably believes would subject the claimant to
Page 22, Line 1physical danger.
Page 22, Line 2(7) If the prosecuting authority fails to meet its burden
Page 22, Line 3pursuant to subsection (6) of this section, the court shall order
Page 22, Line 4the state to relinquish all claims and return the seized property
Page 22, Line 5to the innocent owner within five days after the court's order.
Page 22, Line 6(8) Upon the court order, a further claim by a prosecuting
Page 22, Line 7authority on the property is invalid.
Page 22, Line 8(9) Notwithstanding subsection (7) of this section, the
Page 22, Line 9court may impose reasonable conditions on the return of the
Page 22, Line 10seized property, including requiring photographic evidence of
Page 22, Line 11the seized property, to preserve the property for later use as
Page 22, Line 12evidence in proceedings held pursuant to this part 11 or the
Page 22, Line 13related criminal prosecution.
Page 22, Line 14(10) (a) Information in the claimant's statement described
Page 22, Line 15in subsection (4) of this section must not be used as evidence in
Page 22, Line 16the related criminal prosecution.
Page 22, Line 17(b) This section does not prohibit the claimant from
Page 22, Line 18providing information to a party or testifying in a trial as to
Page 22, Line 19facts known by the claimant.
Page 22, Line 20(c) The defendant or convicted offender may invoke the
Page 22, Line 21right against self-incrimination, the spousal privilege granted
Page 22, Line 22pursuant to section 13-90-107 (1)(a)(I), or the civil union privilege
Page 22, Line 23granted pursuant to section 13-90-107 (1)(a.5)(I) during the
Page 22, Line 24forfeiture proceeding. The trier of fact may draw an adverse
Page 22, Line 25inference from the invocation of the right or privilege.
Page 22, Line 2616-13-1125. Judgment. (1) If the prosecuting authority
Page 22, Line 27fails to meet its burden in the criminal or forfeiture proceeding,
Page 23, Line 1the court shall enter a judgment dismissing the forfeiture
Page 23, Line 2proceeding and ordering the return of seized property to the
Page 23, Line 3rightful owner within five days, unless the owner's possession of
Page 23, Line 4the seized property is illegal. The court shall not order the
Page 23, Line 5return of contraband.
Page 23, Line 6(2) (a) If the prosecuting authority meets its burden in the
Page 23, Line 7criminal and forfeiture proceedings, the court shall enter a
Page 23, Line 8judgment forfeiting the seized property.
Page 23, Line 9(b) A court may enter a judgment following a hearing,
Page 23, Line 10pursuant to a stipulation or plea agreement, or at the court's
Page 23, Line 11discretion.
Page 23, Line 1216-13-1126. Substitution of assets. (1) Upon the prosecuting
Page 23, Line 13authority's motion following conviction or at the court's
Page 23, Line 14discretion, the court may order the forfeiture of any substitute
Page 23, Line 15property owned solely by the defendant up to the value of
Page 23, Line 16seized property that is beyond the court's jurisdiction or that
Page 23, Line 17cannot be located through due diligence, only if the state
Page 23, Line 18proves by a preponderance of the evidence that the defendant
Page 23, Line 19intentionally:
Page 23, Line 20(a) Dissipated the property;
Page 23, Line 21(b) Transferred, sold, or deposited the property with a
Page 23, Line 22third party to avoid forfeiture;
Page 23, Line 23(c) Diminished substantially the value of the property; or
Page 23, Line 24(d) Commingled property with other property that cannot
Page 23, Line 25be divided without difficulty.
Page 23, Line 2616-13-1127. Additional remedies not allowed.The state shall
Page 23, Line 27not seek personal money judgments or other remedies related to
Page 24, Line 1the forfeiture of property not provided for in this part 11.
Page 24, Line 216-13-1128. No joint and several liability.A defendant is not
Page 24, Line 3jointly and severally liable for forfeiture awards owed by
Page 24, Line 4other defendants. When ownership is unclear, a court may order
Page 24, Line 5each defendant to forfeit property on a pro rata basis or by
Page 24, Line 6another means the court finds equitable.
Page 24, Line 716-13-1129. Appeals. (1) A party to a forfeiture
Page 24, Line 8proceeding, other than the defendant, may appeal the court's
Page 24, Line 9order concerning the disposition of the property upon the
Page 24, Line 10issuance of the order pursuant to the Colorado rules of civil
Page 24, Line 11procedure.
Page 24, Line 12(2) The defendant may appeal the court's decision
Page 24, Line 13regarding the seizure or forfeiture of property following final
Page 24, Line 14judgment in the forfeiture proceeding.
Page 24, Line 1516-13-1130. Attorney fees - interest. (1) In a proceeding in
Page 24, Line 16which a property owner's claim prevails and the property owner
Page 24, Line 17recovers at least half, by value, of the property or currency
Page 24, Line 18claimed, the court shall order the seizing agency or prosecuting
Page 24, Line 19authority at fault to pay:
Page 24, Line 20(a) Reasonable attorney fees and other litigation costs
Page 24, Line 21incurred by the claimant; and
Page 24, Line 22(b) Interest on the value of the property or currency
Page 24, Line 23recovered from the date of seizure.
Page 24, Line 2416-13-1131. Return of property - damages - costs. (1) (a) If
Page 24, Line 25the court orders the return of seized property, the law
Page 24, Line 26enforcement agency that holds the seized property shall return
Page 24, Line 27the seized property to the rightful owner within a reasonable
Page 25, Line 1period of time not to exceed five days after the date of the
Page 25, Line 2order. The court shall not order the return of contraband.
Page 25, Line 3(b) The rightful owner of the seized property is not
Page 25, Line 4subject to expenses related to towing, storage, or preservation
Page 25, Line 5of the seized property.
Page 25, Line 6(c) The law enforcement agency that holds the seized
Page 25, Line 7property is responsible for damages, storage fees, and related
Page 25, Line 8costs applicable to seized property returned pursuant to this
Page 25, Line 9section.
Page 25, Line 1016-13-1132. Disposition of property and proceeds. (1) The
Page 25, Line 11court may order contraband sold or destroyed according to
Page 25, Line 12state law when it is no longer needed as evidence.
Page 25, Line 13(2) The court may order seized property sold at any time
Page 25, Line 14when the seized property is no longer needed as evidence.
Page 25, Line 15(3) If forfeiture is granted, the court may order the sale
Page 25, Line 16of forfeited personal and real property.
Page 25, Line 17(4) When all forfeited property is reduced to proceeds,
Page 25, Line 18the court may order, upon the conclusion of all direct appeals
Page 25, Line 19or at its discretion, the distribution of forfeited proceeds to:
Page 25, Line 20(a) Pay restitution to the victim of the crime;
Page 25, Line 21(b) Satisfy secured interest holders in the forfeited
Page 25, Line 22property;
Page 25, Line 23(c) Pay reasonable costs for the towing, storage,
Page 25, Line 24maintenance, repairs, advertising and sale, and other operating
Page 25, Line 25costs related to the forfeited property;
Page 25, Line 26(d) Reimburse the seizing law enforcement agency for
Page 25, Line 27non-personnel operating costs, including controlled-drug buy
Page 26, Line 1money and confidential informants, related to the investigation
Page 26, Line 2of the crime;
Page 26, Line 3(e) Reimburse the prosecuting authority, public defender,
Page 26, Line 4or court-appointed attorney for costs, including filing fees,
Page 26, Line 5subpoenas, court reporters, and transcripts; and
Page 26, Line 6(f) Pay one percent of the value of the property to the
Page 26, Line 7clerk of the court for administrative costs.
Page 26, Line 8(5) After disbursements made pursuant to subsection (4)
Page 26, Line 9of this section, the balance of the proceeds from the sale of
Page 26, Line 10forfeited property must be delivered, upon order of the court,
Page 26, Line 11as follows:
Page 26, Line 12(a) Fifty percent to the general fund of the governmental
Page 26, Line 13body or bodies with budgetary authority over the seizing
Page 26, Line 14agency for public safety purposes or, if the seizing agency was a
Page 26, Line 15multijurisdictional task force, fifty percent to be distributed in
Page 26, Line 16accordance with the appropriate intergovernmental agreement;
Page 26, Line 17(b) Twenty-five percent to the behavioral health
Page 26, Line 18administrative services organization contracting with the
Page 26, Line 19behavioral health administration in the department of human
Page 26, Line 20services serving the judicial district where the forfeiture
Page 26, Line 21proceeding was prosecuted to fund detoxification and substance
Page 26, Line 22use disorder treatment. Money appropriated to the behavioral
Page 26, Line 23health administrative services organization must be in addition
Page 26, Line 24to, and not used to supplant, other funding appropriated to the
Page 26, Line 25behavioral health administration.
Page 26, Line 26(c) Twenty-five percent to the law enforcement
Page 26, Line 27community services grant program fund, created pursuant to
Page 27, Line 1section 24-32-124 (5).
Page 27, Line 216-13-1133. Sale restrictions.A law enforcement agency
Page 27, Line 3shall not sell forfeited property directly or indirectly to an
Page 27, Line 4employee of the law enforcement agency or to a person related
Page 27, Line 5to an employee of the law enforcement agency within the third
Page 27, Line 6degree of consanguinity.
Page 27, Line 716-13-1134. Preemption.Forfeiture is a matter of
Page 27, Line 8statewide concern. This part 11 preempts laws by a local
Page 27, Line 9government in the state that regulates civil and criminal
Page 27, Line 10forfeiture.
Page 27, Line 1116-13-1135. Limitation on federal adoption. (1) A state or
Page 27, Line 12local law enforcement agency shall not transfer or offer for
Page 27, Line 13adoption property seized pursuant to state law to a federal
Page 27, Line 14agency for the purpose of forfeiture proceedings held pursuant
Page 27, Line 15to 18 U.S.C. chapter 46 or other federal law unless the seized
Page 27, Line 16property includes United States currency that exceeds fifty
Page 27, Line 17thousand dollars.
Page 27, Line 18(2) Subsection (1) of this section:
Page 27, Line 19(a) Applies only to a seizure by a state or local law
Page 27, Line 20enforcement agency pursuant to its own authority under state
Page 27, Line 21law and without involvement of the federal government; and
Page 27, Line 22(b) Does not limit state and local agencies from
Page 27, Line 23participating in joint task forces with the federal government.
Page 27, Line 24(3) State and local law enforcement agencies are
Page 27, Line 25prohibited from accepting payment of any kind or distribution of
Page 27, Line 26forfeiture proceeds from the federal government if the state or
Page 27, Line 27local law enforcement agency violates subsection (1) of this
Page 28, Line 1section. All such proceeds must be directed to the state's
Page 28, Line 2general fund.
Page 28, Line 316-13-1136. Limitation on state and federal joint task forces.
Page 28, Line 4(1) Except as provided in subsection (2) of this section, a joint
Page 28, Line 5task force of a state or local law enforcement agency and a
Page 28, Line 6federal agency shall transfer seized property to the
Page 28, Line 7prosecuting authority for forfeiture proceedings held pursuant
Page 28, Line 8to this part 11.
Page 28, Line 9(2) The joint task force may transfer, pursuant to federal
Page 28, Line 10law, seized property to the United States department of justice
Page 28, Line 11for forfeiture if the seized property includes United States
Page 28, Line 12currency that exceeds fifty thousand dollars.
Page 28, Line 13(3) A law enforcement agency is prohibited from accepting
Page 28, Line 14payment or distribution of any kind from the federal
Page 28, Line 15government if the federal government requires that seized
Page 28, Line 16property that includes United States currency less than fifty
Page 28, Line 17thousand dollars be transferred to the federal government for
Page 28, Line 18forfeiture pursuant to federal law.
Page 28, Line 19(4) Nothing in subsection (1) or (2) of this section prohibits
Page 28, Line 20the federal government, acting alone, from seizing property and
Page 28, Line 21seeking forfeiture pursuant to federal law.
Page 28, Line 2216-13-1137. Guidance. (1) A prosecuting authority, after
Page 28, Line 23consulting with the responsible United States attorney, shall
Page 28, Line 24establish guidelines for joint task forces and
Page 28, Line 25multijurisdictional collaboration in the prosecuting
Page 28, Line 26authority's jurisdiction. The guidelines must be consistent with
Page 28, Line 27federal safeguards to ensure that activities are conducted in
Page 29, Line 1compliance with the United States department of justice's
Page 29, Line 2policies.
Page 29, Line 3(2) The department of public safety may offer training on
Page 29, Line 4seizure and forfeiture described pursuant to this part 11.
Page 29, Line 5SECTION 2. In Colorado Revised Statutes, repeal part 5 and part
Page 29, Line 66 of article 13 of title 16.
Page 29, Line 7SECTION 3. In Colorado Revised Statutes, 13-80-103.8, amend
Page 29, Line 8(1) introductory portion; repeal (1)(c); and add (1)(f) as follows:
Page 29, Line 913-80-103.8. Limitation of civil forfeiture actions related to
Page 29, Line 10criminal acts. (1) The following actions
shall be commencedPage 29, Line 11commence within five years after the cause of action accrues, and not
Page 29, Line 12thereafter:
Page 29, Line 13(c)
All actions brought pursuant to part 5 of article 13 of title 16,Page 29, Line 14
C.R.S.;Page 29, Line 15(f) All actions brought pursuant to part 11 of article 13
Page 29, Line 16of title 16.
Page 29, Line 17SECTION 4. In Colorado Revised Statutes, 16-13-701, amend
Page 29, Line 18(3) introductory portion; repeal (2)(c)(I)(B), (2)(c)(I)(C), (3)(b), and
Page 29, Line 19(3)(c); and add (2)(c)(I)(C.5) and (3)(c.5) as follows:
Page 29, Line 2016-13-701. Reports related to seizures and forfeitures -
Page 29, Line 21legislative declaration - definitions. (2) As used in this section, unless
Page 29, Line 22the context otherwise requires:
Page 29, Line 23(c) "Reporting agency" means:
Page 29, Line 24(I) Any state or local governmental entity that employs a person,
Page 29, Line 25other than a judge or magistrate, who is authorized to effectuate a
Page 29, Line 26forfeiture of real or personal property, pursuant to:
Page 29, Line 27(B)
Part 5 of this article 13, "Colorado Contraband ForfeiturePage 30, Line 1
Act";Page 30, Line 2(C)
Part 6 of this article 13, receipt of federally forfeited property;Page 30, Line 3
orPage 30, Line 4(C.5) Part 11 of this article 13; or
Page 30, Line 5(3) This section applies to property seized
under the followingPage 30, Line 6pursuant to:
Page 30, Line 7(b)
Part 5 of this article 13, "Colorado Contraband ForfeiturePage 30, Line 8
Act";Page 30, Line 9(c)
Part 6 of this article 13, receipt of federally forfeited property;Page 30, Line 10(c.5) Part 11 of this article 13;
Page 30, Line 11SECTION 5. In Colorado Revised Statutes, 18-17-106, amend
Page 30, Line 12(5) as follows:
Page 30, Line 1318-17-106. Civil remedies. (5) The attorney general or district
Page 30, Line 14attorney may institute civil proceedings
underPage 30, Line 15Any action instituted
undershallPage 30, Line 16to the procedures set forth in part 3
or part 5Page 30, Line 17
C.R.S.underPage 30, Line 18court shall proceed as soon as practicable to the hearing and
Page 30, Line 19determination. Pending final determination, the district court may, at any
Page 30, Line 20time, enter such injunctions, prohibitions, or restraining orders or take
Page 30, Line 21such actions, including the acceptance of satisfactory performance bonds,
Page 30, Line 22as the court
may deemPage 30, Line 23SECTION 6. In Colorado Revised Statutes, amend 24-33.5-225
Page 30, Line 24as follows:
Page 30, Line 2524-33.5-225. Receipt of proceeds from forfeited property. The
Page 30, Line 26division of the Colorado state patrol is authorized to accept, receive, and
Page 30, Line 27expend proceeds allocated to the division after sale of forfeited property
Page 31, Line 1pursuant to
part 5C.R.S.,Page 31, Line 2
shall bemoneysPage 31, Line 3division by the general assembly. The executive director shall submit an
Page 31, Line 4annual report to the joint budget committee at the time the annual budget
Page 31, Line 5request is submitted providing information on the amounts received
underPage 31, Line 6pursuant to this section, if any, and the uses made thereof.
Page 31, Line 7SECTION 7. In Colorado Revised Statutes, 24-33.5-522, amend
Page 31, Line 8(1)(a), (1)(b) introductory portion, and (1)(b)(I)(A) as follows:
Page 31, Line 924-33.5-522. Law enforcement assistance grant program -
Page 31, Line 10reports. (1) (a)
TherePage 31, Line 11program is created in the division,
the law enforcement assistance grantPage 31, Line 12
program,Page 31, Line 13grants to seizing agencies, as defined in section 16-13-301 (2.7), to
Page 31, Line 14reimburse them for money that the agency would have received, except
Page 31, Line 15for section 16-13-306.5,
or 16-13-504.5Page 31, Line 16division shall administer the grant program pursuant to this section.
Page 31, Line 17Subject to available appropriations, the division shall make grant
Page 31, Line 18payments from money appropriated to the division by the general
Page 31, Line 19assembly for the program.
Page 31, Line 20(b) The executive director, or
his or herPage 31, Line 21director's designee, shall:
Page 31, Line 22(I) Develop policies and procedures:
Page 31, Line 23(A) For seizing agencies to apply for grants up to the amount of
Page 31, Line 24money that the agency can establish that it would have received, except
Page 31, Line 25for section 16-13-306.5,
or 16-13-504.5Page 31, Line 26SECTION 8. In Colorado Revised Statutes, 24-33.5-1214,
Page 31, Line 27amend (5)(e) as follows:
Page 32, Line 124-33.5-1214. Cigarettes - reduced ignition propensity
Page 32, Line 2standards - repeal. (5) Penalties - forfeiture. Effective July 31, 2009:
Page 32, Line 3(e) Cigarettes that have been sold or offered for sale and that do
Page 32, Line 4not comply with the performance standard required by subsection (2) of
Page 32, Line 5this section
shall be"ColoradoPage 32, Line 6
Contraband Forfeiture Act", part 5Page 32, Line 7part 11 of article 13 of title 16.
C.R.S.Page 32, Line 8this
paragraph (e) shallPage 32, Line 9that, before
suchPage 32, Line 10cigarette brand
shall bePage 32, Line 11SECTION 9. In Colorado Revised Statutes, 28-3-1303, amend
Page 32, Line 12(2) as follows:
Page 32, Line 1328-3-1303. Drug interdiction and enforcement plan -
Page 32, Line 14requirements. (2) Subject to the limitations in sections 16-13-1135
Page 32, Line 15and 16-13-1136, and notwithstanding any other provision of law, when
Page 32, Line 16participating in operations pursuant to the drug interdiction and
Page 32, Line 17enforcement plan required by this part 13, the National Guard
shall bePage 32, Line 18considered a law enforcement agency of the state for purposes of
Page 32, Line 19accepting, receiving, disposing of, and expending the property and
Page 32, Line 20proceeds from any property forfeited to the federal government and
Page 32, Line 21allocated to the National Guard pursuant to
section 16-13-601 C.R.S.Page 32, Line 22U.S.C. sec. 881 (e).
Page 32, Line 23SECTION 10. In Colorado Revised Statutes, amend 28-3-1305
Page 32, Line 24as follows:
Page 32, Line 2528-3-1305. Department of military and veterans affairs
Page 32, Line 26counterdrug program federal forfeiture fund - creation.Subject to
Page 32, Line 27the limitations in sections 16-13-1135 and 16-13-1136, any
moneysPage 33, Line 1money accepted by the adjutant general pursuant to
section 16-13-601,Page 33, Line 2
C.R.S., shallPage 33, Line 3treasurer, who shall credit the same to the department of military and
Page 33, Line 4veterans affairs counterdrug program federal forfeiture fund, which fund
Page 33, Line 5is
herebyPage 33, Line 6"fund". All interest and income derived from the investment and deposit
Page 33, Line 7of
moneysshall bePage 33, Line 8unexpended and unencumbered
moneysPage 33, Line 9the end of a fiscal year
shall remainshall not bePage 33, Line 10is not credited or transferred to the general fund or another fund.
MoneysPage 33, Line 11Money in the fund
shall bePage 33, Line 12department for use by the adjutant general in compliance with state and
Page 33, Line 13federal law.
Page 33, Line 14SECTION 11. In Colorado Revised Statutes, 33-13-105, amend
Page 33, Line 15(3)(b) as follows:
Page 33, Line 1633-13-105. Seizure of vessels by officers - repeal.
Page 33, Line 17(3) (b) (I) Any forfeiture proceeding initiated pursuant to this section
Page 33, Line 18
shallsection 16-13-505, C.R.S.Page 33, Line 19part 11 of article 13 of title 16.
Page 33, Line 20(II) For purposes of applying
section 16-13-505, C.R.S.,Page 33, Line 21of article 13 of title 16 to a seizure hearing conducted pursuant to this
Page 33, Line 22section,
"contraband"Page 33, Line 23accordance with this section.
Page 33, Line 24SECTION 12. In Colorado Revised Statutes, 39-28-306, amend
Page 33, Line 25(2) as follows:
Page 33, Line 2639-28-306. Penalties and other remedies. (2) Contraband and
Page 33, Line 27seizure. Any cigarettes that have been sold, offered for sale, or possessed
Page 34, Line 1for sale in this state in violation of section 39-28-303 (3)
shall be deemedPage 34, Line 2
a contraband article as defined by section 16-13-502 (1), C.R.S. ThePage 34, Line 3
cigarettes shall bePage 34, Line 4
"Colorado Contraband Forfeiture Act", part 5Page 34, Line 5Forfeiture Act", part 11 of article 13 of title 16,
C.R.S.,Page 34, Line 6cigarettes so seized and forfeited
shallPage 34, Line 7SECTION 13. Act subject to petition - effective date -
Page 34, Line 8applicability. (1) This act takes effect September 1, 2025; except that,
Page 34, Line 9if a referendum petition is filed pursuant to section 1 (3) of article V of
Page 34, Line 10the state constitution against this act or an item, section, or part of this act
Page 34, Line 11within the ninety-day period after final adjournment of the general
Page 34, Line 12assembly, then the act, item, section, or part will not take effect unless
Page 34, Line 13approved by the people at the general election to be held in November
Page 34, Line 142026 and, in such case, will take effect on the date of the official
Page 34, Line 15declaration of the vote thereon by the governor.
Page 34, Line 16(2) This act applies to seizures occurring on or after the applicable
Page 34, Line 17effective date of this act.