Colorado 2024 Regular Session

Colorado House Bill HB1023 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Second Regular Session
2	2	Seventy-fourth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 24-0464.01 Jerry Barry x4341
8	8	HOUSE BILL 24-1023
9	9	House Committees Senate Committees
10	10	Judiciary
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING CIVIL FORFEITURES .101
14	14	Bill Summary
15	15	(Note: This summary applies to this bill as introduced and does
16	16	not reflect any amendments that may be subsequently adopted. If this bill
17	17	passes third reading in the house of introduction, a bill summary that
18	18	applies to the reengrossed version of this bill will be available at
19	19	http://leg.colorado.gov
20	20	.)
21	21	The bill makes the following changes to forfeiture actions:
22	22	! A forfeiture order must not be entered unless:
23	23	! The civil complaint is filed within 90 days after the
24	24	property is seized; and
25	25	! The plaintiff establishes that the seized property is
26	26	an instrumentality of, or proceeds derived directly
27	27	from, the crime for which the owner is convicted;
28	28	HOUSE SPONSORSHIP
29	29	DeGraaf,
30	30	SENATE SPONSORSHIP
31	31	Baisley,
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing law.
34	34	Dashes through the words or numbers indicate deletions from existing law. ! When feasible, the court hearing the criminal proceeding
35	35	also hears the civil forfeiture action;
36	36	! All proceedings in the forfeiture action are stayed until a
37	37	criminal conviction is obtained;
38	38	! Any party to a forfeiture action may appeal an order
39	39	concerning disposition of seized property except the
40	40	defendant in the criminal action, who may only appeal after
41	41	the final judgment;
42	42	! A forfeiture order must not be entered until there is a
43	43	criminal conviction, unless a specified exception is met;
44	44	! Any person with an interest in the seized property may
45	45	request a prompt post-seizure hearing within 14 days after
46	46	the seizure; and
47	47	! 25% of the proceeds of a forfeiture are deposited in a new
48	48	forfeiture defense fund created in the bill rather than the
49	49	law enforcement community services grant program fund.
50	50	The bill also authorizes the judge in a forfeiture proceeding to
51	51	appoint an attorney to represent an indigent owner of an interest in seized
52	52	property. Fees and costs of the appointed attorney may be charged against
53	53	other parties to the proceeding or may come from the new forfeiture
54	54	defense fund if a party is indigent.
55	55	The bill prohibits a Colorado law enforcement agency from
56	56	transferring seized property to a federal agency for forfeiture unless the
57	57	Colorado law enforcement agency is part of a joint task force with the
58	58	federal government, and then only if the seized property includes at least
59	59	$50,000 in U.S. currency.
60	60	The bill makes conforming amendments.
61	61	Be it enacted by the General Assembly of the State of Colorado:1
62	62	SECTION 1. In Colorado Revised Statutes, 16-13-307, amend2
63	63	(1.5), (1.6), and (3.5); repeal (1.7)(a), (1.7)(b), (1.7)(c), and (1.7)(d); and3
64	64	add (1.7)(g) as follows:4
65	65	16-13-307. Jurisdiction - venue - parties - process. (1.5) (a) No
66	66	5
67	67	A judgment of forfeiture of property in any forfeiture proceeding shall6
68	68	MUST NOT be entered unless: and until7
69	69	(I) E
70	70	XCEPT AS PROVIDED IN SUBSECTION (3.5) OF THIS SECTION,8
71	71	THE PLAINTIFF FILES A CIVIL COMPLAINT AGAINST THE PROPERTY WITHIN9
72	72	NINETY DAYS AFTER THE SEIZURE OF THE PROPERTY ;10
73	73	HB24-1023-2- (II) An owner of the property is convicted of an offense listed in1
74	74	section 16-13-301 or 16-13-303, or a lesser included offense of an2
75	75	eligible offense if the conviction is the result of a negotiated guilty plea;3
76	76	AND4
77	77	(III) T
78	78	HE PLAINTIFF IN THE FORFEITURE ACTION ESTABLISHES BY5
79	79	A PREPONDERANCE OF THE EVIDENCE THAT THE SEIZED PROPERTY IS AN6
80	80	INSTRUMENTALITY OF, OR PROCEEDS DERIVED DIRECTLY FROM, THE CRIME7
81	81	FOR WHICH THE OWNER IS CONVICTED .8
82	82	(b) (I) Nothing in this section shall be construed to require
83	83	9
84	84	REQUIRES the conviction to be obtained in the same jurisdiction as the10
85	85	jurisdiction in which the forfeiture action is brought.
86	86	WHEN FEASIBLE, THE11
87	87	COURT THAT HAS JURISDICTION IN THE ASSOCIATED CRIMINAL MATTER12
88	88	MUST HAVE JURISDICTION IN THE CIVIL FORFEITURE ACTION . TO THE13
89	89	EXTENT REASONABLY POSSIBLE , THE SAME JUDGE MUST:14
90	90	(A) B
91	91	E ASSIGNED RESPONSIBILITY FOR BOTH THE CRIMINAL15
92	92	PROSECUTION AND CIVIL FORFEITURE ACTION ; AND16
93	93	(B) C
94	94	OORDINATE HEARINGS ON BOTH THE CRIMINAL PROSECUTION17
95	95	AND THE CIVIL FORFEITURE ACTION AS REQUIRED IN THE INTEREST OF18
96	96	JUSTICE.19
97	97	(II) I
98	98	F THE FORFEITURE ACTION IS NOT ASSIGNED TO THE SAME20
99	99	COURT AS THE CRIMINAL PROSECUTION, THE PROPERTY OWNER MAY MOVE21
100	100	THE COURT TO TRANSFER THE FORFEITURE ACTION TO THE COURT HEARING22
101	101	THE CRIMINAL PROSECUTION. THE JUDGE MUST GRANT THE MOTION TO23
102	102	TRANSFER THE FORFEITURE ACTION IF THE COURT DETERMINES TRANSFER24
103	103	IS FOR THE CONVENIENCE OF PARTIES AND WITNESSES OR IN THE INTEREST25
104	104	OF JUSTICE.26
105	105	(c) (I) In the event criminal charges arising from the same activity
106	106	27
107	107	HB24-1023
108	108	-3- giving rise to the forfeiture proceedings are filed against any individual1
109	109	claiming an interest in the property subject to the forfeiture proceeding,2
110	110	the trial and discovery phases of the forfeiture proceeding shall be stayed3
111	111	by the court until the disposition of the criminal charges. UNTIL NINETY4
112	112	DAYS AFTER A CRIMINAL CONVICTION IS OBTAINED :5
113	113	(A) A
114	114	LL PROCEEDINGS IN THE FORFEITURE ACTION ARE STAYED ;6
115	115	(B) A
116	116	DEFENDANT IN THE FORFEITURE ACTION MAY FILE AN7
117	117	ANSWER OR OTHER RESPONSIVE PLEADING ; AND8
118	118	(C) A
119	119	COURT SHALL NOT ENTER A DEFAULT AGAINST A DEFENDANT9
120	120	IN THE FORFEITURE ACTION FOR FAILURE TO FILE AN ANSWER OR10
121	121	RESPONSIVE PLEADING OR RESPOND TO DISCOVERY REQUESTS .11
122	122	(II) A
123	123	DEFENDANT IN THE FORFEITURE ACTION MAY WAIVE ANY12
124	124	INTEREST IN ANY SEIZED PROPERTY BY GIVING NOTICE TO THE COURT AT13
125	125	ANY TIME.14
126	126	(III) (A) A
127	127	PARTY TO A FORFEITURE PROCEEDING, OTHER THAN THE15
128	128	DEFENDANT IN THE CRIMINAL PROSECUTION , MAY APPEAL THE COURT'S16
129	129	ORDER CONCERNING THE DISPOSITION OF THE SEIZED PROPERTY UPON THE17
130	130	ISSUANCE OF THE ORDER PURSUANT TO THE COLORADO APPELLATE RULES.18
131	131	(B) T
132	132	HE DEFENDANT IN THE CRIMINAL PROSECUTION MAY APPEAL19
133	133	THE COURT'S DECISION REGARDING THE SEIZURE OR FORFEITURE OF20
134	134	PROPERTY AFTER THE FINAL JUDGMENT IN THE FORFEITURE PROCEEDING21
135	135	IS ENTERED.22
136	136	(IV) A stay shall not be maintained during an appeal or
137	137	23
138	138	post-conviction proceeding challenging a criminal conviction. Nothing in24
139	139	this section shall be construed to prohibit or prevent PROHIBITS OR25
140	140	PREVENTS THE PARTIES from contemporaneously resolving criminal26
141	141	charges and a forfeiture proceeding arising from the same activity.27
142	142	HB24-1023
143	143	-4- (1.6) Upon acquittal or dismissal of a criminal action against a1
144	144	person named in a forfeiture action related to the criminal action, unless2
145	145	the forfeiture action was brought pursuant to one or more of paragraphs3
146	146	(a) to (f) of subsection (1.7) SUBSECTION (1.7)(e), (1.7)(f), OR (1.7)(g) of4
147	147	this section, the forfeiture claim shall MUST be dismissed and the seized5
148	148	property shall be returned as respects the subject matter property or6
149	149	interest therein of that person OR THE PERSON'S INTEREST IN THE SEIZED7
150	150	PROPERTY RETURNED, if the case has been adjudicated as to all other8
151	151	claims, interests, and owners, unless possession of the property is illegal.9
152	152	If the forfeiture action is dismissed or judgment is entered in favor of the10
153	153	claimant, the claimant shall not be IS NOT subject to any monetary charges11
154	154	by the state for storage of the property or expenses incurred in the12
155	155	preservation of the property, unless at the time of dismissal the plaintiff13
156	156	shows that those expenses would have been incurred to prevent waste of14
157	157	the property even if it had not been seized.15
158	158	(1.7) Notwithstanding the provisions of subsection (1.5) of this16
159	159	section:17
160	160	(a) (I) A person shall lack standing for and shall be disallowed18
161	161	from pursuit of a claim or defense in a civil forfeiture action upon a19
162	162	finding that a warrant or other process has been issued for the20
163	163	apprehension of the person, and, in order to avoid criminal prosecution,21
164	164	the person:22
165	165	(A) Purposely leaves the state; or23
166	166	(B) Declines to enter or reenter the state to submit to its24
167	167	jurisdiction; or25
168	168	(C) Otherwise evades the jurisdiction of the court in which a26
169	169	criminal case is pending against the person or from which a warrant has27
170	170	HB24-1023
171	171	-5- been issued, by failing to appear in court or surrender on a warrant; and1
172	172	(D) Is not known to be confined or held in custody in any other2
173	173	jurisdiction within the United States for commission of criminal conduct3
174	174	in that jurisdiction.4
175	175	(II) If a person lacks standing pursuant to this paragraph (a), the5
176	176	forfeiture action may proceed and a judgment of forfeiture may be entered6
177	177	without a criminal conviction of an owner, upon motion and notice as7
178	178	provided in the rules of civil procedure.8
179	179	(b) If, following notice to all persons known to have an interest,9
180	180	or who have asserted an interest in the property subject to forfeiture, an10
181	181	owner fails to file an answer or other appropriate pleading with the court11
182	182	claiming an interest in the subject matter property, or no person12
183	183	establishes standing to contest the forfeiture action pursuant to section13
184	184	16-13-303 (5), a forfeiture action may proceed and a judgment of14
185	185	forfeiture may be entered without a criminal conviction of an owner.15
186	186	(c) If the plaintiff proves by clear and convincing evidence that16
187	187	the property was instrumental in the commission of an offense listed in17
188	188	section 16-13-303 (1) or that the property is traceable proceeds of the18
189	189	offense or related criminal activity by a nonowner and the plaintiff proves19
190	190	by clear and convincing evidence that an owner is not an innocent owner20
191	191	pursuant to section 16-13-303 (5.2)(a), a judgment of forfeiture may be21
192	192	entered without a criminal conviction of an owner.22
193	193	(d) If an owner of the property who was involved in the public23
194	194	nuisance act or conduct giving rise to the claim of forfeiture subsequently24
195	195	dies, and was not an innocent owner pursuant to section 16-13-30325
196	196	(5.2)(a), a judgment of forfeiture may be entered without a criminal26
197	197	conviction of an owner.27
198	198	HB24-1023
199	199	-6- (g) THE COURT MAY GRANT TITLE TO THE SEIZED PROPERTY TO THE1
200	200	PLAINTIFF IN THE FORFEITURE ACTION IF THE PROSECUTING AUTHORITY2
201	201	FILES A MOTION NO FEWER THAN NINETY DAYS AFTER SEIZURE AND SHOWS3
202	202	BY A PREPONDERANCE OF THE EVIDENCE THAT THE DEFENDANT , BEFORE4
203	203	CONVICTION:5
204	204	(I) A
205	205	BANDONED THE PROPERTY ;6
206	206	(II) F
207	207	LED THE JURISDICTION;7
208	208	(III) W
209	209	AS DEPORTED BY THE UNITED STATES GOVERNMENT; OR8
210	210	(IV) D
211	211	IED.9
212	212	(3.5) An action brought pursuant to this part 3 regarding a class10
213	213	1 public nuisance shall
214	214	MUST be filed within sixty-three days following11
215	215	the seizure of the property pursuant to section 16-13-315. The plaintiff12
216	216	may file the complaint after the expiration of sixty-three days from the13
217	217	date of seizure
218	218	BUT NO MORE THAN NINETY DAYS AFTER THE SEIZURE only14
219	219	if the complaint is accompanied by a written petition for late filing. Such
220	220	15
221	221	T
222	222	HE petition for late filing shall
223	223	MUST demonstrate good cause for the late16
224	224	filing of the complaint. The sixty-three-day time limitation established by17
225	225	this subsection (3.5) shall DOES not apply where WHEN the seizure of the18
226	226	property occurred pursuant to a warrant authorizing such seizure or19
227	227	otherwise under any statute or rule of criminal procedure, if the property20
228	228	is held as evidence in a pending criminal investigation or in a pending21
229	229	criminal case. T
230	230	HE COURT MAY IMPOSE REASONABLE CONDITIONS ON THE22
231	231	RETURN OF THE SEIZED PROPERTY, INCLUDING THE USE OF PHOTOGRAPHIC23
232	232	EVIDENCE TO PRESERVE THE PROPERTY FOR LATER USE AS EVIDENCE IN A24
233	233	CRIMINAL PROSECUTION.25
234	234	SECTION 2. In Colorado Revised Statutes, add 16-13-307.5 as26
235	235	follows:27
236	236	HB24-1023
237	237	-7- 16-13-307.5. Prompt post-seizure hearing. (1) F OLLOWING1
238	238	SEIZURE, A DEFENDANT OR ANY OTHER PERSON WITH AN INTEREST IN THE2
239	239	PROPERTY HAS A RIGHT TO A PROMPT POST -SEIZURE HEARING. THE3
240	240	DEFENDANT OR A PERSON WITH AN INTEREST IN THE PROPERTY MAY4
241	241	PETITION FOR A HEARING FOURTEEN DAYS AFTER THE SEIZURE IN :5
242	242	(a) T
243	243	HE CIVIL COURT IF THE STATE HAS FILED A CIVIL COMPLAINT6
244	244	IN A FORFEITURE ACTION AGAINST THE PROPERTY ; OR7
245	245	(b) T
246	246	HE CRIMINAL COURT WHERE THE ASSOCIATED CRIMINAL8
247	247	ACTION IS BEING PROSECUTED IF THE STATE HAS NOT FILED A CIVIL9
248	248	COMPLAINT IN CIVIL COURT AT THE TIME OF THE PETITION .10
249	249	(2) U
250	250	PON MOTION BY ANY PARTY AND AT THE COURT 'S11
251	251	DISCRETION, THE COURT MAY HOLD A PROMPT POST -SEIZURE HEARING:12
252	252	(a) A
253	253	S A SEPARATE HEARING; OR13
254	254	(b) A
255	255	T THE SAME TIME AS A PROBABLE-CAUSE DETERMINATION, A14
256	256	POST-ARRAIGNMENT HEARING , A SUPPRESSION HEARING, AN OMNIBUS15
257	257	HEARING, OR OTHER PRETRIAL HEARING.16
258	258	(3) A
259	259	PARTY, BY AGREEMENT OR FOR GOOD CAUSE, MAY MOVE FOR17
260	260	ONE EXTENSION OF THE HEARING DATE. ANY MOTION MAY BE SUPPORTED18
261	261	BY AFFIDAVITS OR OTHER SUBMISSIONS .19
262	262	(4) T
263	263	HE COURT SHALL ORDER THE RETURN OF PROPERTY IF IT FINDS20
264	264	BY A PREPONDERANCE OF THE EVIDENCE THAT :21
265	265	(a) T
266	266	HE SEIZURE WAS INVALID;22
267	267	(b) A
268	268	CRIMINAL CHARGE HAS NOT BEEN FILED AND NO EXTENSION23
269	269	OF THE FILING PERIOD IS AVAILABLE; OR24
270	270	(c) T
271	271	HE CLAIMANT IS AN INNOCENT OWNER OR VALID LIENHOLDER .25
272	272	(5) N
273	273	OTWITHSTANDING SUBSECTION (4) OF THIS SECTION, THE26
274	274	COURT MAY IMPOSE REASONABLE CONDITIONS ON THE RETURN OF THE27
275	275	HB24-1023
276	276	-8- SEIZED PROPERTY, INCLUDING THE USE OF PHOTOGRAPHIC EVIDENCE TO1
277	277	PRESERVE THE PROPERTY FOR LATER USE AS EVIDENCE IN A CRIMINAL2
278	278	PROSECUTION.3
279	279	(6) T
280	280	HIS SECTION DOES NOT APPLY TO THE RETURN OF4
281	281	CONTRABAND ARTICLES, AS DEFINED IN SECTION 16-13-502.5
282	282	SECTION 3. In Colorado Revised Statutes, 16-13-311, amend6
283	283	(3)(a) introductory portion; repeal (3)(a)(VII)(C); and add (3)(a)(VII)(D)7
284	284	as follows:8
285	285	16-13-311. Disposition of seized personal property. (3) (a) If9
286	286	the prosecution prevails in the forfeiture action, the court shall order the10
287	287	property forfeited. Such
288	288	THE order perfects the state's right and interest11
289	289	in and title to such property and relates back to the date when title to the12
290	290	property vested in the state pursuant to section 16-13-316. Except as13
291	291	otherwise provided in subsection (3)(c) of this section, the court shall also14
292	292	order such THE property to be sold at a public sale by the law enforcement15
293	293	agency in possession of the property in the manner provided for sales on16
294	294	execution, or in another commercially reasonable manner. Property17
295	295	forfeited pursuant to this section or proceeds therefrom must be18
296	296	distributed or applied in the following order:19
297	297	(VII) The balance must be delivered, upon order of the court, as20
298	298	follows:21
299	299	(C) Twenty-five percent to the law enforcement community22
300	300	services grant program fund, created pursuant to section 24-32-124 (5).23
301	301	(D) T
302	302	WENTY-FIVE PERCENT TO THE FORFEITURE DEFENSE FUND ,24
303	303	CREATED PURSUANT TO SECTION 16-13-318.25
304	304	SECTION 4. In Colorado Revised Statutes, add 16-13-318 as26
305	305	follows:27
306	306	HB24-1023
307	307	-9- 16-13-318. Indigent parties - appointed attorneys - forfeiture1
308	308	defense fund - created - definitions. (1) A
309	309	S USED IN THIS SECTION,2
310	310	UNLESS THE CONTEXT OTHERWISE REQUIRES :3
311	311	(a) "A
312	312	DMINISTRATOR" MEANS THE STATE COURT ADMINISTRATOR ,4
313	313	APPOINTED PURSUANT TO SECTION 13-3-101.5
314	314	(b) "F
315	315	UND" MEANS THE FORFEITURE DEFENSE FUND ESTABLISHED6
316	316	IN SUBSECTION (3) OF THIS SECTION.7
317	317	(c) "I
318	318	NDIGENT" MEANS A PERSON WHO MEETS THE CRITERIA8
319	319	APPLIED BY THE STATE PUBLIC DEFENDER PURSUANT TO SECTION 21-1-1309
320	320	(3)
321	321	FOR REPRESENTATION OF A CRIMINAL DEFENDANT .10
322	322	(2) (a) T
323	323	HE COURT MAY, UPON THE MOTION OF ANY PARTY OR11
324	324	UPON ITS OWN MOTION, APPOINT AN ATTORNEY, IN GOOD STANDING AND12
325	325	LICENSED TO PRACTICE LAW IN THE STATE OF COLORADO, TO REPRESENT13
326	326	EACH INDIGENT PERSON WHOSE PROPERTY IS SEIZED PURSUANT TO THIS14
327	327	PART 3 OR PART 5 OF THIS ARTICLE 13 OR ARTICLE 17 OF TITLE 18.15
328	328	(b) T
329	329	HE COURT MAY ENTER AN ORDER AGAINST ANY OR ALL OF THE16
330	330	PARTIES IN THE FORFEITURE ACTION FOR COSTS , ATTORNEY FEES, AND17
331	331	DISBURSEMENTS INCURRED BY AN ATTORNEY APPOINTED PURSUANT TO18
332	332	SUBSECTION (2)(a) OF THIS SECTION; EXCEPT THAT, IF A PARTY IS19
333	333	DETERMINED TO BE INDIGENT, THE ADMINISTRATOR SHALL PAY THE COSTS,20
334	334	FEES, AND DISBURSEMENTS FROM THE FUND .21
335	335	(3) (a) T
336	336	HE FORFEITURE DEFENSE FUND IS CREATED IN THE STATE22
337	337	TREASURY. THE FUND CONSISTS OF MONEY TRANSFERRED TO THE FUND23
338	338	PURSUANT TO SECTION 16-13-311 (3)(a)(VII)(D) AND ANY OTHER MONEY24
339	339	THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE25
340	340	FUND.26
341	341	(b) T
342	342	HE STATE TREASURER SHALL CREDIT ALL INTEREST AND27
343	343	HB24-1023
344	344	-10- INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE1
345	345	FUND TO THE FUND.2
346	346	(c) M
347	347	ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE3
348	348	ADMINISTRATOR FOR THE PURPOSE OF REPRESENTING INDIGENT CLIENTS4
349	349	IN MATTERS PURSUANT TO THIS PART 3 OR PART 5 OF THIS ARTICLE 13 OF5
350	350	OR ARTICLE 17 OF TITLE 18.6
351	351	SECTION 5. In Colorado Revised Statutes, 16-13-505, amend7
352	352	(1.5) and (1.6); repeal (1.7)(a), (1.7)(b), (1.7)(c), and (1.7)(d); and add8
353	353	(1.7)(g) as follows:9
354	354	16-13-505. Forfeiture proceedings. (1.5) (a) No
355	355	A judgment of10
356	356	forfeiture of property in any forfeiture proceeding shall MUST NOT be11
357	357	entered unless: and until12
358	358	(I) T
359	359	HE PLAINTIFF FILES A CIVIL COMPLAINT AGAINST THE13
360	360	PROPERTY WITHIN NINETY DAYS AFTER THE SEIZURE OF THE PROPERTY ;14
361	361	(II) An owner of the property is convicted of an offense involving15
362	362	the conduct listed in section 16-13-503 or a lesser included offense of an16
363	363	eligible offense if the conviction is the result of a negotiated guilty plea;17
364	364	AND18
365	365	(III) T
366	366	HE PLAINTIFF IN THE FORFEITURE ACTION ESTABLISHES BY19
367	367	A PREPONDERANCE OF THE EVIDENCE THAT THE SEIZED PROPERTY IS AN20
368	368	INSTRUMENTALITY OF, OR PROCEEDS DERIVED DIRECTLY FROM, THE CRIME21
369	369	FOR WHICH THE OWNER IS CONVICTED .22
370	370	(b) (I) Nothing in this section shall be construed to require
371	371	23
372	372	REQUIRES the conviction to be obtained in the same jurisdiction as the24
373	373	jurisdiction in which the forfeiture action is brought. W
374	374	HEN FEASIBLE,25
375	375	THE COURT THAT HAS JURISDICTION IN THE ASSOCIATED CRIMINAL MATTER26
376	376	MUST HAVE JURISDICTION IN THE CIVIL FORFEITURE ACTION . TO THE27
377	377	HB24-1023
378	378	-11- EXTENT REASONABLY POSSIBLE , THE SAME JUDGE MUST:1
379	379	(A) B
380	380	E ASSIGNED RESPONSIBILITY FOR BOTH THE CRIMINAL2
381	381	PROSECUTION AND CIVIL FORFEITURE ACTION ; AND3
382	382	(B) C
383	383	OORDINATE HEARINGS ON BOTH THE CRIMINAL PROSECUTION4
384	384	AND THE CIVIL FORFEITURE ACTION AS REQUIRED IN THE INTEREST OF5
385	385	JUSTICE.6
386	386	(II) I
387	387	F THE FORFEITURE ACTION IS NOT ASSIGNED TO THE SAME7
388	388	COURT AS THE CRIMINAL PROSECUTION, THE PROPERTY OWNER MAY MOVE8
389	389	THE COURT TO TRANSFER THE FORFEITURE ACTION TO THE COURT HEARING9
390	390	THE CRIMINAL PROSECUTION. THE JUDGE MUST GRANT THE MOTION TO10
391	391	TRANSFER THE FORFEITURE ACTION IF THE COURT DETERMINES TRANSFER11
392	392	IS FOR THE CONVENIENCE OF PARTIES AND WITNESSES OR IN THE INTEREST12
393	393	OF JUSTICE.13
394	394	(c) (I) In the event criminal charges arising from the same activity
395	395	14
396	396	giving rise to the forfeiture proceedings are filed against any individual15
397	397	claiming an interest in the property subject to the forfeiture proceeding,16
398	398	the trial and discovery phases of the forfeiture proceeding shall be stayed17
399	399	by the court until the disposition of the criminal charges. UNTIL NINETY18
400	400	DAYS AFTER A CRIMINAL CONVICTION IS OBTAINED :19
401	401	(A) A
402	402	LL PROCEEDINGS IN THE FORFEITURE ACTION ARE STAYED ;20
403	403	(B) A
404	404	DEFENDANT IN THE FORFEITURE ACTION MAY FILE AN21
405	405	ANSWER OR OTHER RESPONSIVE PLEADING ; AND22
406	406	(C) A
407	407	COURT SHALL NOT ENTER A DEFAULT AGAINST A DEFE NDANT23
408	408	IN THE FORFEITURE ACTION FOR FAILURE TO FILE AN ANSWER OR24
409	409	RESPONSIVE PLEADING OR RESPOND TO DISCOVERY REQUESTS .25
410	410	(II) A
411	411	DEFENDANT IN THE FORFEITURE ACTION MAY WAIVE ANY26
412	412	INTEREST IN ANY SEIZED PROPERTY BY GIVING NOTICE TO THE COURT AT27
413	413	HB24-1023
414	414	-12- ANY TIME.1
415	415	(III) (A) A
416	416	PARTY TO A FORFEITURE PROCEEDING, OTHER THAN THE2
417	417	DEFENDANT IN THE CRIMINAL PROSECUTION , MAY APPEAL THE COURT'S3
418	418	ORDER CONCERNING THE DISPOSITION OF THE SEIZED PROPERTY UPON THE4
419	419	ISSUANCE OF THE ORDER PURSUANT TO THE COLORADO APPELLATE RULES.5
420	420	(B) T
421	421	HE DEFENDANT IN THE CRIMINAL PROSECUTION MAY APPEAL6
422	422	THE COURT'S DECISION REGARDING THE SEIZURE OR FORFEITURE OF7
423	423	PROPERTY AFTER THE FINAL JUDGMENT IN THE FORFEITURE PROCEEDING8
424	424	IS ENTERED.9
425	425	(IV) A stay shall not be maintained during an appeal or
426	426	10
427	427	post-conviction proceeding challenging a criminal conviction. Nothing in11
428	428	this section shall be construed to prohibit or prevent PROHIBITS OR12
429	429	PREVENTS the parties from contemporaneously resolving criminal charges13
430	430	and a forfeiture proceeding arising from the same activity.14
431	431	(1.6) Upon acquittal or dismissal of a criminal action against a15
432	432	person named in a forfeiture action related to the criminal action, unless16
433	433	the forfeiture action was brought pursuant to one or more of paragraphs17
434	434	(a) to (f) of subsection (1.7) SUBSECTION (1.7)(e), (1.7)(f), OR (1.7)(g) of18
435	435	this section, the forfeiture claim shall MUST be dismissed and the seized19
436	436	property shall be returned as respects the subject matter property or THE20
437	437	PERSON'S interest therein of that person IN THE SEIZED PROPERTY21
438	438	RETURNED, if the case has been adjudicated as to all other claims,22
439	439	interests, and owners, unless possession of the property is illegal. If the23
440	440	forfeiture action is dismissed or judgment is entered in favor of the24
441	441	claimant, the claimant shall not be IS NOT subject to any monetary charges25
442	442	by the state for storage of the property or expenses incurred in the26
443	443	preservation of the property, unless at the time of dismissal the plaintiff27
444	444	HB24-1023
445	445	-13- shows that those expenses would have been incurred to prevent waste of1
446	446	the property even if it had not been seized.2
447	447	(1.7) Notwithstanding the provisions of subsection (1.5) of this3
448	448	section:4
449	449	(a) (I) A person shall lack standing for and shall be disallowed5
450	450	from pursuit of a claim or defense in a civil forfeiture action upon a6
451	451	finding that a warrant or other process has been issued for the7
452	452	apprehension of the person, and, in order to avoid criminal prosecution,8
453	453	the person:9
454	454	(A) Purposely leaves the state; or10
455	455	(B) Declines to enter or reenter the state to submit to its11
456	456	jurisdiction; or12
457	457	(C) Otherwise evades the jurisdiction of the court in which a13
458	458	criminal case is pending against the person or from which a warrant has14
459	459	been issued, by failing to appear in court or surrender on the warrant; and15
460	460	(D) Is not known to be confined or held in custody in any other16
461	461	jurisdiction within the United States for commission of criminal conduct17
462	462	in that jurisdiction.18
463	463	(II) If a person lacks standing pursuant to this paragraph (a), the19
464	464	forfeiture action may proceed and a judgment of forfeiture may be entered20
465	465	without a criminal conviction of an owner, upon motion and notice as21
466	466	provided in the rules of civil procedure.22
467	467	(b) If, following notice to all persons known to have an interest or23
468	468	who have asserted an interest in the property subject to forfeiture, an24
469	469	owner fails to file an answer or other appropriate response with the court25
470	470	claiming an interest in the subject matter property, or no person26
471	471	establishes standing to contest the forfeiture action pursuant to section27
472	472	HB24-1023
473	473	-14- 16-13-504 (2), a forfeiture action may proceed and a judgment of1
474	474	forfeiture may be entered without a criminal conviction of an owner.2
475	475	(c) If the plaintiff proves by clear and convincing evidence that3
476	476	the property was instrumental in the commission of an offense listed in4
477	477	section 16-13-503 (1) or that the property is traceable proceeds of the5
478	478	offense or related criminal activity by a nonowner and the plaintiff proves6
479	479	by clear and convincing evidence that an owner is not an innocent owner7
480	480	pursuant to section 16-13-504 (2.2), a judgment of forfeiture may be8
481	481	entered without a criminal conviction of an owner.9
482	482	(d) If an owner of the property who was involved in the public10
483	483	nuisance act or conduct giving rise to the claim of forfeiture subsequently11
484	484	dies, and was not an innocent owner pursuant to section 16-13-504 (2.2),12
485	485	a judgment of forfeiture may be entered without a criminal conviction of13
486	486	an owner.14
487	487	(g) T
488	488	HE COURT MAY GRANT TITLE TO THE SEIZED PROPERTY TO THE15
489	489	PLAINTIFF IN THE FORFEITURE ACTION IF THE PROSECUTING AUTHORITY16
490	490	FILES A MOTION NO FEWER THAN NINETY DAYS AFTER SEIZURE AND SHOWS17
491	491	BY A PREPONDERANCE OF THE EVIDENCE THAT THE DEFENDANT , BEFORE18
492	492	CONVICTION:19
493	493	(I) A
494	494	BANDONED THE PROPERTY ;20
495	495	(II) F
496	496	LED THE JURISDICTION;21
497	497	(III) W
498	498	AS DEPORTED BY THE UNITED STATES GOVERNMENT; OR22
499	499	(IV) D
500	500	IED.23
501	501	SECTION 6. In Colorado Revised Statutes, add 16-13-505.5 as24
502	502	follows:25
503	503	16-13-505.5. Prompt post-seizure hearing. (1) F
504	504	OLLOWING26
505	505	SEIZURE, A DEFENDANT OR ANY OTHER PERSON WITH AN INTEREST IN THE27
506	506	HB24-1023
507	507	-15- PROPERTY HAS A RIGHT TO A PROMPT POST -SEIZURE HEARING. THE1
508	508	DEFENDANT OR A PERSON WITH AN INTEREST IN THE PROPERTY MAY2
509	509	PETITION FOR A HEARING FOURTEEN DAYS AFTER THE SEIZURE IN :3
510	510	(a) T
511	511	HE CIVIL COURT IF THE STATE HAS FILED A CIVIL COMPLAINT4
512	512	IN A FORFEITURE ACTION AGAINST THE PROPERTY ; OR5
513	513	(b) T
514	514	HE CRIMINAL COURT WHERE THE ASSOCIATED CRIMINAL6
515	515	ACTION IS BEING PROSECUTED IF THE STATE HAS NOT FILED A CIVIL7
516	516	COMPLAINT IN CIVIL COURT AT THE TIME OF THE PETITION .8
517	517	(2) U
518	518	PON MOTION BY ANY PARTY AND AT THE COURT 'S9
519	519	DISCRETION, THE COURT MAY HOLD A PROMPT POST -SEIZURE HEARING:10
520	520	(a) A
521	521	S A SEPARATE HEARING; OR11
522	522	(b) A
523	523	T THE SAME TIME AS A PROBABLE-CAUSE DETERMINATION, A12
524	524	POST-ARRAIGNMENT HEARING , A SUPPRESSION HEARING, AN OMNIBUS13
525	525	HEARING, OR OTHER PRETRIAL HEARING.14
526	526	(3) A
527	527	PARTY, BY AGREEMENT OR FOR GOOD CAUSE, MAY MOVE FOR15
528	528	ONE EXTENSION OF THE HEARING DATE. ANY MOTION MAY BE SUPPORTED16
529	529	BY AFFIDAVITS OR OTHER SUBMISSIONS .17
530	530	(4) T
531	531	HE COURT SHALL ORDER THE RETURN OF SEIZED PROPERTY IF18
532	532	IT FINDS BY A PREPONDERANCE OF THE EVIDENCE THAT :19
533	533	(a) T
534	534	HE SEIZURE WAS INVALID;20
535	535	(b) A
536	536	CRIMINAL CHARGE HAS NOT BEEN FILED AND NO EXTENSION21
537	537	OF THE FILING PERIOD IS AVAILABLE; OR22
538	538	(c) T
539	539	HE CLAIMANT IS AN INNOCENT OWNER OR VALID LIENHOLDER .23
540	540	(5) N
541	541	OTWITHSTANDING SUBSECTION (4) OF THIS SECTION, THE24
542	542	COURT MAY IMPOSE REASONABLE CONDITIONS ON THE RETURN OF THE25
543	543	SEIZED PROPERTY, INCLUDING THE USE OF PHOTOGRAPHIC EVIDENCE TO26
544	544	PRESERVE THE PROPERTY FOR LATER USE AS EVIDENCE IN A CRIMINAL27
545	545	HB24-1023
546	546	-16- PROSECUTION.1
547	547	(6) T
548	548	HIS SECTION DOES NOT APPLY TO THE RETURN OF2
549	549	CONTRABAND ARTICLES, AS DEFINED IN SECTION 16-13-502.3
550	550	SECTION 7. In Colorado Revised Statutes, repeal and reenact,4
551	551	with amendments, part 6 of article 13 of title 16 as follows:5
552	552	PART 66
553	553	FEDERAL SEIZURES AND JOINT TASK FORCES7
554	554	16-13-601. Prohibition on federal adoption. (1) A
555	555	STATE OR8
556	556	LOCAL LAW ENFORCEMENT AGENCY SHALL NOT TRANSFER OR OFFER FOR9
557	557	ADOPTION PROPERTY SEIZED UNDER STATE LAW TO A FEDERAL AGENCY10
558	558	FOR THE PURPOSE OF FORFEITURE UNDER 18 U.S.C. CHAPTER 46 OR OTHER11
559	559	FEDERAL LAW.12
560	560	(2) S
561	561	UBSECTION (1) OF THIS SECTION ONLY APPLIES TO A SEIZURE13
562	562	BY A STATE OR LOCAL LAW ENFORCEMENT AGENCY PURSUANT TO THE14
563	563	AGENCY'S AUTHORITY UNDER STATE LAW AND WITHOUT INVOLVEMENT OF15
564	564	THE FEDERAL GOVERNMENT IN THE SEIZURE . SUBSECTION (1) OF THIS16
565	565	SECTION DOES NOT LIMIT A STATE OR LOCAL LAW ENFORCEMENT AGENCY17
566	566	FROM PARTICIPATING IN A JOINT TASK FORCE WITH THE FEDERAL18
567	567	GOVERNMENT.19
568	568	(3) A
569	569	STATE OR LOCAL LAW ENFORCEMENT AGENCY IS PROHIBITED20
570	570	FROM ACCEPTING PAYMENT OF ANY KIND OR DISTRIBUTION OF FORFEITURE21
571	571	PROCEEDS FROM THE FEDERAL GOVERNMENT IF THE STATE OR LOCAL LAW22
572	572	ENFORCEMENT AGENCY VIOLATES SUBSECTION (1) OF THIS SECTION. IF THE23
573	573	LOCAL LAW ENFORCEMENT AGENCY VIOLATES SUBSECTION (1) OF THIS24
574	574	SECTION, ALL FORFEITURE PROCEEDS OWING TO THE LAW ENFORCEMENT25
575	575	AGENCY MUST BE TRANSFERRED TO THE GENERAL FUND .26
576	576	16-13-602. State and federal joint task forces. (1) E
577	577	XCEPT AS27
578	578	HB24-1023
579	579	-17- ALLOWED BY SUBSECTION (2) OF THIS SECTION, A JOINT TASK FORCE OF A1
580	580	STATE OR LOCAL LAW ENFORCEMENT AGENCY AND A FEDERAL AGENCY2
581	581	SHALL TRANSFER SEIZED PROPERTY TO THE PROSECUTING AUTHORITY FOR3
582	582	FORFEITURE PURSUANT TO THIS ARTICLE 13.4
583	583	(2) A
584	584	JOINT TASK FORCE OF A STATE OR LOCAL LAW ENFORCEMENT5
585	585	AGENCY AND A FEDERAL AGENCY MAY TRANSFER SEIZED PROPERTY TO6
586	586	THE UNITED STATES DEPARTMENT OF JUSTICE FOR FORFEITURE UNDER7
587	587	FEDERAL LAW IF THE SEIZED PROPERTY INCLUDES UNITED STATES8
588	588	CURRENCY IN AN AMOUNT THAT IS EQUAL TO OR EXCEEDS FIFTY9
589	589	THOUSAND DOLLARS.10
590	590	(3) A
591	591	STATE OR LOCAL LAW ENFORCEMENT AGENCY IS PROHIBITED11
592	592	FROM ACCEPTING PAYMENT OR DISTRIBUTION OF ANY KIND FROM THE12
593	593	FEDERAL GOVERNMENT IF THE FEDERAL GOVERNMENT REQUIRES THAT13
594	594	SEIZED PROPERTY THAT INCLUDES UNITED STATES CURRENCY IN AN14
595	595	AMOUNT LESS THAN FIFTY THOUSAND DOLLARS AS ESTABLISHED IN15
596	596	SUBSECTION (2) OF THIS SECTION BE TRANSFERRED TO THE FEDERAL16
597	597	GOVERNMENT FOR FORFEITURE UNDER FEDERAL LAW .17
598	598	(4) N
599	599	OTHING IN SUBSECTION (1) OR (2) OF THIS SECTION PROHIBITS18
600	600	THE FEDERAL GOVERNMENT , ACTING ALONE, FROM SEIZING PROPERTY AND19
601	601	SEEKING FORFEITURE OF PROPERTY UNDER FEDERAL LAW .20
602	602	(5) T
603	603	HE ATTORNEY GENERAL SHALL CONSULT WITH THE UNITED21
604	604	S
605	605	TATES ATTORNEY FOR THE DISTRICT OF COLORADO AND ESTABLISH22
606	606	GUIDELINES FOR JOINT TASK FORCES AND MULTIJURISDICTIONAL23
607	607	COLLABORATION. THE GUIDELINES MUST:24
608	608	(a) B
609	609	E CONSISTENT WITH STATE LAW TO AVOID , WHEN POSSIBLE,25
610	610	THE CIRCUMVENTION OF STATE FORFEITURE LAW ; AND26
611	611	(b) E
612	612	NSURE THAT ACTIVITIES BY STATE LAW ENFORCEMENT27
613	613	HB24-1023
614	614	-18- OFFICERS ARE CONDUCTED IN COMPLIANCE WITH THE UNITED STATES1
615	615	DEPARTMENT OF JUSTICE'S POLICIES.2
616	616	SECTION 8. In Colorado Revised Statutes, 24-32-124, amend3
617	617	(5)(b) as follows:4
618	618	24-32-124. Law enforcement community services grant5
619	619	program - committee - policies and procedures - fund - rules - report6
620	620	- definitions. (5) (b) The law enforcement community services grant7
621	621	program fund is created in the state treasury. The fund consists of money8
622	622	transferred to the fund pursuant to section 16-13-311, any other money9
623	623	that the general assembly may appropriate or transfer to the fund, and any10
624	624	gifts, grants, or donations received by the division. Subject to annual11
625	625	appropriation by the general assembly, the division may only expend12
626	626	money from the fund for the grants awarded pursuant to this section and13
627	627	for up to five percent of the money in the fund for the direct and indirect14
628	628	costs incurred in administering the program. Any unexpended and15
629	629	unencumbered money from an appropriation made for the purposes of16
630	630	this section remains available for expenditure by the division in the next17
631	631	fiscal year without further appropriation.18
632	632	SECTION 9. In Colorado Revised Statutes, 28-3-1303, amend19
633	633	(2) as follows:20
634	634	28-3-1303. Drug interdiction and enforcement plan -21
635	635	requirements. (2) Notwithstanding any other provision of law, when22
636	636	participating in operations pursuant to the drug interdiction and23
637	637	enforcement plan required by this part 13, the National Guard shall be IS24
638	638	considered a law enforcement agency of the state for purposes of25
639	639	accepting, receiving, disposing of, and expending the property and26
640	640	proceeds from any property forfeited to the federal government and27
641	641	HB24-1023
642	642	-19- allocated to the National Guard pursuant to section 16-13-601, C.R.S.1
643	643	SECTION 16-13-602.2
644	644	SECTION 10. In Colorado Revised Statutes, amend 28-3-13053
645	645	as follows:4
646	646	28-3-1305. Department of military and veterans affairs5
647	647	counterdrug program federal forfeiture fund - creation. Any moneys6
648	648	MONEY accepted by the adjutant general pursuant to section 16-13-601,7
649	649	C.R.S., shall SECTION 16-13-602 MUST be transmitted to the state8
650	650	treasurer, who shall credit the same MONEY to the department of military9
651	651	and veterans affairs counterdrug program federal forfeiture fund, which10
652	652	fund is hereby created in the state treasury and referred to in this section11
653	653	as the "fund". All interest and income derived from the investment and12
654	654	deposit of moneys MONEY in the fund shall be IS credited to the fund. Any13
655	655	unexpended and unencumbered moneys MONEY remaining in the fund at14
656	656	the end of a fiscal year shall remain REMAINS in the fund and shall not be15
657	657	IS NOT credited or transferred to the general fund or another fund. Moneys16
658	658	M
659	659	ONEY in the fund shall be
660	660	IS continuously appropriated to the17
661	661	department for use by the adjutant general in compliance with state and18
662	662	federal law.19
663	663	SECTION 11. Act subject to petition - effective date -20
664	664	applicability. (1) This act takes effect September 1, 2024; except that,21
665	665	if a referendum petition is filed pursuant to section 1 (3) of article V of22
666	666	the state constitution against this act or an item, section, or part of this act23
667	667	within the ninety-day period after final adjournment of the general24
668	668	assembly, then the act, item, section, or part will not take effect unless25
669	669	approved by the people at the general election to be held in November26
670	670	2024 and, in such case, will take effect January 1, 2025, or on the date of27
671	671	HB24-1023
672	672	-20- the official declaration of the vote thereon by the governor, whichever is1
673	673	later.2
674	674	(2) This act applies to seizures made on or after the applicable3
675	675	effective date of this act.4
676	676	HB24-1023
677	677	-21-