Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0464.01 Jerry Barry x4341
HOUSE BILL 24-1023
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING CIVIL FORFEITURES .101
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 makes the following changes to forfeiture actions:
! A forfeiture order must not be entered unless:
! The civil complaint is filed within 90 days after the
property is seized; and
! The plaintiff establishes that the seized property is
an instrumentality of, or proceeds derived directly
from, the crime for which the owner is convicted;
HOUSE SPONSORSHIP
DeGraaf,
SENATE SPONSORSHIP
Baisley,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. ! When feasible, the court hearing the criminal proceeding
also hears the civil forfeiture action;
! All proceedings in the forfeiture action are stayed until a
criminal conviction is obtained;
! Any party to a forfeiture action may appeal an order
concerning disposition of seized property except the
defendant in the criminal action, who may only appeal after
the final judgment;
! A forfeiture order must not be entered until there is a
criminal conviction, unless a specified exception is met;
! Any person with an interest in the seized property may
request a prompt post-seizure hearing within 14 days after
the seizure; and
! 25% of the proceeds of a forfeiture are deposited in a new
forfeiture defense fund created in the bill rather than the
law enforcement community services grant program fund.
The bill also authorizes the judge in a forfeiture proceeding to
appoint an attorney to represent an indigent owner of an interest in seized
property. Fees and costs of the appointed attorney may be charged against
other parties to the proceeding or may come from the new forfeiture
defense fund if a party is indigent.
The bill prohibits a Colorado law enforcement agency from
transferring seized property to a federal agency for forfeiture unless the
Colorado law enforcement agency is part of a joint task force with the
federal government, and then only if the seized property includes at least
$50,000 in U.S. currency.
The bill makes conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 16-13-307, amend2
(1.5), (1.6), and (3.5); repeal (1.7)(a), (1.7)(b), (1.7)(c), and (1.7)(d); and3
add (1.7)(g) as follows:4
16-13-307. Jurisdiction - venue - parties - process. (1.5) (a) No
5
A judgment of forfeiture of property in any forfeiture proceeding shall6
MUST NOT be entered unless: and until7
(I) E
XCEPT AS PROVIDED IN SUBSECTION (3.5) OF THIS SECTION,8
THE PLAINTIFF FILES A CIVIL COMPLAINT AGAINST THE PROPERTY WITHIN9
NINETY DAYS AFTER THE SEIZURE OF THE PROPERTY ;10
HB24-1023-2- (II) An owner of the property is convicted of an offense listed in1
section 16-13-301 or 16-13-303, or a lesser included offense of an2
eligible offense if the conviction is the result of a negotiated guilty plea;3
AND4
(III) T
HE PLAINTIFF IN THE FORFEITURE ACTION ESTABLISHES BY5
A PREPONDERANCE OF THE EVIDENCE THAT THE SEIZED PROPERTY IS AN6
INSTRUMENTALITY OF, OR PROCEEDS DERIVED DIRECTLY FROM, THE CRIME7
FOR WHICH THE OWNER IS CONVICTED .8
(b) (I) Nothing in this section shall be construed to require
9
REQUIRES the conviction to be obtained in the same jurisdiction as the10
jurisdiction in which the forfeiture action is brought.
WHEN FEASIBLE, THE11
COURT THAT HAS JURISDICTION IN THE ASSOCIATED CRIMINAL MATTER12
MUST HAVE JURISDICTION IN THE CIVIL FORFEITURE ACTION . TO THE13
EXTENT REASONABLY POSSIBLE , THE SAME JUDGE MUST:14
(A) B
E ASSIGNED RESPONSIBILITY FOR BOTH THE CRIMINAL15
PROSECUTION AND CIVIL FORFEITURE ACTION ; AND16
(B) C
OORDINATE HEARINGS ON BOTH THE CRIMINAL PROSECUTION17
AND THE CIVIL FORFEITURE ACTION AS REQUIRED IN THE INTEREST OF18
JUSTICE.19
(II) I
F THE FORFEITURE ACTION IS NOT ASSIGNED TO THE SAME20
COURT AS THE CRIMINAL PROSECUTION, THE PROPERTY OWNER MAY MOVE21
THE COURT TO TRANSFER THE FORFEITURE ACTION TO THE COURT HEARING22
THE CRIMINAL PROSECUTION. THE JUDGE MUST GRANT THE MOTION TO23
TRANSFER THE FORFEITURE ACTION IF THE COURT DETERMINES TRANSFER24
IS FOR THE CONVENIENCE OF PARTIES AND WITNESSES OR IN THE INTEREST25
OF JUSTICE.26
(c) (I) In the event criminal charges arising from the same activity
27
HB24-1023
-3- giving rise to the forfeiture proceedings are filed against any individual1
claiming an interest in the property subject to the forfeiture proceeding,2
the trial and discovery phases of the forfeiture proceeding shall be stayed3
by the court until the disposition of the criminal charges. UNTIL NINETY4
DAYS AFTER A CRIMINAL CONVICTION IS OBTAINED :5
(A) A
LL PROCEEDINGS IN THE FORFEITURE ACTION ARE STAYED ;6
(B) A
DEFENDANT IN THE FORFEITURE ACTION MAY FILE AN7
ANSWER OR OTHER RESPONSIVE PLEADING ; AND8
(C) A
COURT SHALL NOT ENTER A DEFAULT AGAINST A DEFENDANT9
IN THE FORFEITURE ACTION FOR FAILURE TO FILE AN ANSWER OR10
RESPONSIVE PLEADING OR RESPOND TO DISCOVERY REQUESTS .11
(II) A
DEFENDANT IN THE FORFEITURE ACTION MAY WAIVE ANY12
INTEREST IN ANY SEIZED PROPERTY BY GIVING NOTICE TO THE COURT AT13
ANY TIME.14
(III) (A) A
PARTY TO A FORFEITURE PROCEEDING, OTHER THAN THE15
DEFENDANT IN THE CRIMINAL PROSECUTION , MAY APPEAL THE COURT'S16
ORDER CONCERNING THE DISPOSITION OF THE SEIZED PROPERTY UPON THE17
ISSUANCE OF THE ORDER PURSUANT TO THE COLORADO APPELLATE RULES.18
(B) T
HE DEFENDANT IN THE CRIMINAL PROSECUTION MAY APPEAL19
THE COURT'S DECISION REGARDING THE SEIZURE OR FORFEITURE OF20
PROPERTY AFTER THE FINAL JUDGMENT IN THE FORFEITURE PROCEEDING21
IS ENTERED.22
(IV) A stay shall not be maintained during an appeal or
23
post-conviction proceeding challenging a criminal conviction. Nothing in24
this section shall be construed to prohibit or prevent PROHIBITS OR25
PREVENTS THE PARTIES from contemporaneously resolving criminal26
charges and a forfeiture proceeding arising from the same activity.27
HB24-1023
-4- (1.6) Upon acquittal or dismissal of a criminal action against a1
person named in a forfeiture action related to the criminal action, unless2
the forfeiture action was brought pursuant to one or more of paragraphs3
(a) to (f) of subsection (1.7) SUBSECTION (1.7)(e), (1.7)(f), OR (1.7)(g) of4
this section, the forfeiture claim shall MUST be dismissed and the seized5
property shall be returned as respects the subject matter property or6
interest therein of that person OR THE PERSON'S INTEREST IN THE SEIZED7
PROPERTY RETURNED, if the case has been adjudicated as to all other8
claims, interests, and owners, unless possession of the property is illegal.9
If the forfeiture action is dismissed or judgment is entered in favor of the10
claimant, the claimant shall not be IS NOT subject to any monetary charges11
by the state for storage of the property or expenses incurred in the12
preservation of the property, unless at the time of dismissal the plaintiff13
shows that those expenses would have been incurred to prevent waste of14
the property even if it had not been seized.15
(1.7) Notwithstanding the provisions of subsection (1.5) of this16
section:17
(a) (I) A person shall lack standing for and shall be disallowed18
from pursuit of a claim or defense in a civil forfeiture action upon a19
finding that a warrant or other process has been issued for the20
apprehension of the person, and, in order to avoid criminal prosecution,21
the person:22
(A) Purposely leaves the state; or23
(B) Declines to enter or reenter the state to submit to its24
jurisdiction; or25
(C) Otherwise evades the jurisdiction of the court in which a26
criminal case is pending against the person or from which a warrant has27
HB24-1023
-5- been issued, by failing to appear in court or surrender on a warrant; and1
(D) Is not known to be confined or held in custody in any other2
jurisdiction within the United States for commission of criminal conduct3
in that jurisdiction.4
(II) If a person lacks standing pursuant to this paragraph (a), the5
forfeiture action may proceed and a judgment of forfeiture may be entered6
without a criminal conviction of an owner, upon motion and notice as7
provided in the rules of civil procedure.8
(b) If, following notice to all persons known to have an interest,9
or who have asserted an interest in the property subject to forfeiture, an10
owner fails to file an answer or other appropriate pleading with the court11
claiming an interest in the subject matter property, or no person12
establishes standing to contest the forfeiture action pursuant to section13
16-13-303 (5), a forfeiture action may proceed and a judgment of14
forfeiture may be entered without a criminal conviction of an owner.15
(c) If the plaintiff proves by clear and convincing evidence that16
the property was instrumental in the commission of an offense listed in17
section 16-13-303 (1) or that the property is traceable proceeds of the18
offense or related criminal activity by a nonowner and the plaintiff proves19
by clear and convincing evidence that an owner is not an innocent owner20
pursuant to section 16-13-303 (5.2)(a), a judgment of forfeiture may be21
entered without a criminal conviction of an owner.22
(d) If an owner of the property who was involved in the public23
nuisance act or conduct giving rise to the claim of forfeiture subsequently24
dies, and was not an innocent owner pursuant to section 16-13-30325
(5.2)(a), a judgment of forfeiture may be entered without a criminal26
conviction of an owner.27
HB24-1023
-6- (g) THE COURT MAY GRANT TITLE TO THE SEIZED PROPERTY TO THE1
PLAINTIFF IN THE FORFEITURE ACTION IF THE PROSECUTING AUTHORITY2
FILES A MOTION NO FEWER THAN NINETY DAYS AFTER SEIZURE AND SHOWS3
BY A PREPONDERANCE OF THE EVIDENCE THAT THE DEFENDANT , BEFORE4
CONVICTION:5
(I) A
BANDONED THE PROPERTY ;6
(II) F
LED THE JURISDICTION;7
(III) W
AS DEPORTED BY THE UNITED STATES GOVERNMENT; OR8
(IV) D
IED.9
(3.5) An action brought pursuant to this part 3 regarding a class10
1 public nuisance shall
MUST be filed within sixty-three days following11
the seizure of the property pursuant to section 16-13-315. The plaintiff12
may file the complaint after the expiration of sixty-three days from the13
date of seizure
BUT NO MORE THAN NINETY DAYS AFTER THE SEIZURE only14
if the complaint is accompanied by a written petition for late filing. Such
15
T
HE petition for late filing shall
MUST demonstrate good cause for the late16
filing of the complaint. The sixty-three-day time limitation established by17
this subsection (3.5) shall DOES not apply where WHEN the seizure of the18
property occurred pursuant to a warrant authorizing such seizure or19
otherwise under any statute or rule of criminal procedure, if the property20
is held as evidence in a pending criminal investigation or in a pending21
criminal case. T
HE COURT MAY IMPOSE REASONABLE CONDITIONS ON THE22
RETURN OF THE SEIZED PROPERTY, INCLUDING THE USE OF PHOTOGRAPHIC23
EVIDENCE TO PRESERVE THE PROPERTY FOR LATER USE AS EVIDENCE IN A24
CRIMINAL PROSECUTION.25
SECTION 2. In Colorado Revised Statutes, add 16-13-307.5 as26
follows:27
HB24-1023
-7- 16-13-307.5. Prompt post-seizure hearing. (1) F OLLOWING1
SEIZURE, A DEFENDANT OR ANY OTHER PERSON WITH AN INTEREST IN THE2
PROPERTY HAS A RIGHT TO A PROMPT POST -SEIZURE HEARING. THE3
DEFENDANT OR A PERSON WITH AN INTEREST IN THE PROPERTY MAY4
PETITION FOR A HEARING FOURTEEN DAYS AFTER THE SEIZURE IN :5
(a) T
HE CIVIL COURT IF THE STATE HAS FILED A CIVIL COMPLAINT6
IN A FORFEITURE ACTION AGAINST THE PROPERTY ; OR7
(b) T
HE CRIMINAL COURT WHERE THE ASSOCIATED CRIMINAL8
ACTION IS BEING PROSECUTED IF THE STATE HAS NOT FILED A CIVIL9
COMPLAINT IN CIVIL COURT AT THE TIME OF THE PETITION .10
(2) U
PON MOTION BY ANY PARTY AND AT THE COURT 'S11
DISCRETION, THE COURT MAY HOLD A PROMPT POST -SEIZURE HEARING:12
(a) A
S A SEPARATE HEARING; OR13
(b) A
T THE SAME TIME AS A PROBABLE-CAUSE DETERMINATION, A14
POST-ARRAIGNMENT HEARING , A SUPPRESSION HEARING, AN OMNIBUS15
HEARING, OR OTHER PRETRIAL HEARING.16
(3) A
PARTY, BY AGREEMENT OR FOR GOOD CAUSE, MAY MOVE FOR17
ONE EXTENSION OF THE HEARING DATE. ANY MOTION MAY BE SUPPORTED18
BY AFFIDAVITS OR OTHER SUBMISSIONS .19
(4) T
HE COURT SHALL ORDER THE RETURN OF PROPERTY IF IT FINDS20
BY A PREPONDERANCE OF THE EVIDENCE THAT :21
(a) T
HE SEIZURE WAS INVALID;22
(b) A
CRIMINAL CHARGE HAS NOT BEEN FILED AND NO EXTENSION23
OF THE FILING PERIOD IS AVAILABLE; OR24
(c) T
HE CLAIMANT IS AN INNOCENT OWNER OR VALID LIENHOLDER .25
(5) N
OTWITHSTANDING SUBSECTION (4) OF THIS SECTION, THE26
COURT MAY IMPOSE REASONABLE CONDITIONS ON THE RETURN OF THE27
HB24-1023
-8- SEIZED PROPERTY, INCLUDING THE USE OF PHOTOGRAPHIC EVIDENCE TO1
PRESERVE THE PROPERTY FOR LATER USE AS EVIDENCE IN A CRIMINAL2
PROSECUTION.3
(6) T
HIS SECTION DOES NOT APPLY TO THE RETURN OF4
CONTRABAND ARTICLES, AS DEFINED IN SECTION 16-13-502.5
SECTION 3. In Colorado Revised Statutes, 16-13-311, amend6
(3)(a) introductory portion; repeal (3)(a)(VII)(C); and add (3)(a)(VII)(D)7
as follows:8
16-13-311. Disposition of seized personal property. (3) (a) If9
the prosecution prevails in the forfeiture action, the court shall order the10
property forfeited. Such
THE order perfects the state's right and interest11
in and title to such property and relates back to the date when title to the12
property vested in the state pursuant to section 16-13-316. Except as13
otherwise provided in subsection (3)(c) of this section, the court shall also14
order such THE property to be sold at a public sale by the law enforcement15
agency in possession of the property in the manner provided for sales on16
execution, or in another commercially reasonable manner. Property17
forfeited pursuant to this section or proceeds therefrom must be18
distributed or applied in the following order:19
(VII) The balance must be delivered, upon order of the court, as20
follows:21
(C) Twenty-five percent to the law enforcement community22
services grant program fund, created pursuant to section 24-32-124 (5).23
(D) T
WENTY-FIVE PERCENT TO THE FORFEITURE DEFENSE FUND ,24
CREATED PURSUANT TO SECTION 16-13-318.25
SECTION 4. In Colorado Revised Statutes, add 16-13-318 as26
follows:27
HB24-1023
-9- 16-13-318. Indigent parties - appointed attorneys - forfeiture1
defense fund - created - definitions. (1) A
S USED IN THIS SECTION,2
UNLESS THE CONTEXT OTHERWISE REQUIRES :3
(a) "A
DMINISTRATOR" MEANS THE STATE COURT ADMINISTRATOR ,4
APPOINTED PURSUANT TO SECTION 13-3-101.5
(b) "F
UND" MEANS THE FORFEITURE DEFENSE FUND ESTABLISHED6
IN SUBSECTION (3) OF THIS SECTION.7
(c) "I
NDIGENT" MEANS A PERSON WHO MEETS THE CRITERIA8
APPLIED BY THE STATE PUBLIC DEFENDER PURSUANT TO SECTION 21-1-1309
(3)
FOR REPRESENTATION OF A CRIMINAL DEFENDANT .10
(2) (a) T
HE COURT MAY, UPON THE MOTION OF ANY PARTY OR11
UPON ITS OWN MOTION, APPOINT AN ATTORNEY, IN GOOD STANDING AND12
LICENSED TO PRACTICE LAW IN THE STATE OF COLORADO, TO REPRESENT13
EACH INDIGENT PERSON WHOSE PROPERTY IS SEIZED PURSUANT TO THIS14
PART 3 OR PART 5 OF THIS ARTICLE 13 OR ARTICLE 17 OF TITLE 18.15
(b) T
HE COURT MAY ENTER AN ORDER AGAINST ANY OR ALL OF THE16
PARTIES IN THE FORFEITURE ACTION FOR COSTS , ATTORNEY FEES, AND17
DISBURSEMENTS INCURRED BY AN ATTORNEY APPOINTED PURSUANT TO18
SUBSECTION (2)(a) OF THIS SECTION; EXCEPT THAT, IF A PARTY IS19
DETERMINED TO BE INDIGENT, THE ADMINISTRATOR SHALL PAY THE COSTS,20
FEES, AND DISBURSEMENTS FROM THE FUND .21
(3) (a) T
HE FORFEITURE DEFENSE FUND IS CREATED IN THE STATE22
TREASURY. THE FUND CONSISTS OF MONEY TRANSFERRED TO THE FUND23
PURSUANT TO SECTION 16-13-311 (3)(a)(VII)(D) AND ANY OTHER MONEY24
THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE25
FUND.26
(b) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND27
HB24-1023
-10- INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE1
FUND TO THE FUND.2
(c) M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE3
ADMINISTRATOR FOR THE PURPOSE OF REPRESENTING INDIGENT CLIENTS4
IN MATTERS PURSUANT TO THIS PART 3 OR PART 5 OF THIS ARTICLE 13 OF5
OR ARTICLE 17 OF TITLE 18.6
SECTION 5. In Colorado Revised Statutes, 16-13-505, amend7
(1.5) and (1.6); repeal (1.7)(a), (1.7)(b), (1.7)(c), and (1.7)(d); and add8
(1.7)(g) as follows:9
16-13-505. Forfeiture proceedings. (1.5) (a) No
A judgment of10
forfeiture of property in any forfeiture proceeding shall MUST NOT be11
entered unless: and until12
(I) T
HE PLAINTIFF FILES A CIVIL COMPLAINT AGAINST THE13
PROPERTY WITHIN NINETY DAYS AFTER THE SEIZURE OF THE PROPERTY ;14
(II) An owner of the property is convicted of an offense involving15
the conduct listed in section 16-13-503 or a lesser included offense of an16
eligible offense if the conviction is the result of a negotiated guilty plea;17
AND18
(III) T
HE PLAINTIFF IN THE FORFEITURE ACTION ESTABLISHES BY19
A PREPONDERANCE OF THE EVIDENCE THAT THE SEIZED PROPERTY IS AN20
INSTRUMENTALITY OF, OR PROCEEDS DERIVED DIRECTLY FROM, THE CRIME21
FOR WHICH THE OWNER IS CONVICTED .22
(b) (I) Nothing in this section shall be construed to require
23
REQUIRES the conviction to be obtained in the same jurisdiction as the24
jurisdiction in which the forfeiture action is brought. W
HEN FEASIBLE,25
THE COURT THAT HAS JURISDICTION IN THE ASSOCIATED CRIMINAL MATTER26
MUST HAVE JURISDICTION IN THE CIVIL FORFEITURE ACTION . TO THE27
HB24-1023
-11- EXTENT REASONABLY POSSIBLE , THE SAME JUDGE MUST:1
(A) B
E ASSIGNED RESPONSIBILITY FOR BOTH THE CRIMINAL2
PROSECUTION AND CIVIL FORFEITURE ACTION ; AND3
(B) C
OORDINATE HEARINGS ON BOTH THE CRIMINAL PROSECUTION4
AND THE CIVIL FORFEITURE ACTION AS REQUIRED IN THE INTEREST OF5
JUSTICE.6
(II) I
F THE FORFEITURE ACTION IS NOT ASSIGNED TO THE SAME7
COURT AS THE CRIMINAL PROSECUTION, THE PROPERTY OWNER MAY MOVE8
THE COURT TO TRANSFER THE FORFEITURE ACTION TO THE COURT HEARING9
THE CRIMINAL PROSECUTION. THE JUDGE MUST GRANT THE MOTION TO10
TRANSFER THE FORFEITURE ACTION IF THE COURT DETERMINES TRANSFER11
IS FOR THE CONVENIENCE OF PARTIES AND WITNESSES OR IN THE INTEREST12
OF JUSTICE.13
(c) (I) In the event criminal charges arising from the same activity
14
giving rise to the forfeiture proceedings are filed against any individual15
claiming an interest in the property subject to the forfeiture proceeding,16
the trial and discovery phases of the forfeiture proceeding shall be stayed17
by the court until the disposition of the criminal charges. UNTIL NINETY18
DAYS AFTER A CRIMINAL CONVICTION IS OBTAINED :19
(A) A
LL PROCEEDINGS IN THE FORFEITURE ACTION ARE STAYED ;20
(B) A
DEFENDANT IN THE FORFEITURE ACTION MAY FILE AN21
ANSWER OR OTHER RESPONSIVE PLEADING ; AND22
(C) A
COURT SHALL NOT ENTER A DEFAULT AGAINST A DEFE NDANT23
IN THE FORFEITURE ACTION FOR FAILURE TO FILE AN ANSWER OR24
RESPONSIVE PLEADING OR RESPOND TO DISCOVERY REQUESTS .25
(II) A
DEFENDANT IN THE FORFEITURE ACTION MAY WAIVE ANY26
INTEREST IN ANY SEIZED PROPERTY BY GIVING NOTICE TO THE COURT AT27
HB24-1023
-12- ANY TIME.1
(III) (A) A
PARTY TO A FORFEITURE PROCEEDING, OTHER THAN THE2
DEFENDANT IN THE CRIMINAL PROSECUTION , MAY APPEAL THE COURT'S3
ORDER CONCERNING THE DISPOSITION OF THE SEIZED PROPERTY UPON THE4
ISSUANCE OF THE ORDER PURSUANT TO THE COLORADO APPELLATE RULES.5
(B) T
HE DEFENDANT IN THE CRIMINAL PROSECUTION MAY APPEAL6
THE COURT'S DECISION REGARDING THE SEIZURE OR FORFEITURE OF7
PROPERTY AFTER THE FINAL JUDGMENT IN THE FORFEITURE PROCEEDING8
IS ENTERED.9
(IV) A stay shall not be maintained during an appeal or
10
post-conviction proceeding challenging a criminal conviction. Nothing in11
this section shall be construed to prohibit or prevent PROHIBITS OR12
PREVENTS the parties from contemporaneously resolving criminal charges13
and a forfeiture proceeding arising from the same activity.14
(1.6) Upon acquittal or dismissal of a criminal action against a15
person named in a forfeiture action related to the criminal action, unless16
the forfeiture action was brought pursuant to one or more of paragraphs17
(a) to (f) of subsection (1.7) SUBSECTION (1.7)(e), (1.7)(f), OR (1.7)(g) of18
this section, the forfeiture claim shall MUST be dismissed and the seized19
property shall be returned as respects the subject matter property or THE20
PERSON'S interest therein of that person IN THE SEIZED PROPERTY21
RETURNED, if the case has been adjudicated as to all other claims,22
interests, and owners, unless possession of the property is illegal. If the23
forfeiture action is dismissed or judgment is entered in favor of the24
claimant, the claimant shall not be IS NOT subject to any monetary charges25
by the state for storage of the property or expenses incurred in the26
preservation of the property, unless at the time of dismissal the plaintiff27
HB24-1023
-13- shows that those expenses would have been incurred to prevent waste of1
the property even if it had not been seized.2
(1.7) Notwithstanding the provisions of subsection (1.5) of this3
section:4
(a) (I) A person shall lack standing for and shall be disallowed5
from pursuit of a claim or defense in a civil forfeiture action upon a6
finding that a warrant or other process has been issued for the7
apprehension of the person, and, in order to avoid criminal prosecution,8
the person:9
(A) Purposely leaves the state; or10
(B) Declines to enter or reenter the state to submit to its11
jurisdiction; or12
(C) Otherwise evades the jurisdiction of the court in which a13
criminal case is pending against the person or from which a warrant has14
been issued, by failing to appear in court or surrender on the warrant; and15
(D) Is not known to be confined or held in custody in any other16
jurisdiction within the United States for commission of criminal conduct17
in that jurisdiction.18
(II) If a person lacks standing pursuant to this paragraph (a), the19
forfeiture action may proceed and a judgment of forfeiture may be entered20
without a criminal conviction of an owner, upon motion and notice as21
provided in the rules of civil procedure.22
(b) If, following notice to all persons known to have an interest or23
who have asserted an interest in the property subject to forfeiture, an24
owner fails to file an answer or other appropriate response with the court25
claiming an interest in the subject matter property, or no person26
establishes standing to contest the forfeiture action pursuant to section27
HB24-1023
-14- 16-13-504 (2), a forfeiture action may proceed and a judgment of1
forfeiture may be entered without a criminal conviction of an owner.2
(c) If the plaintiff proves by clear and convincing evidence that3
the property was instrumental in the commission of an offense listed in4
section 16-13-503 (1) or that the property is traceable proceeds of the5
offense or related criminal activity by a nonowner and the plaintiff proves6
by clear and convincing evidence that an owner is not an innocent owner7
pursuant to section 16-13-504 (2.2), a judgment of forfeiture may be8
entered without a criminal conviction of an owner.9
(d) If an owner of the property who was involved in the public10
nuisance act or conduct giving rise to the claim of forfeiture subsequently11
dies, and was not an innocent owner pursuant to section 16-13-504 (2.2),12
a judgment of forfeiture may be entered without a criminal conviction of13
an owner.14
(g) T
HE COURT MAY GRANT TITLE TO THE SEIZED PROPERTY TO THE15
PLAINTIFF IN THE FORFEITURE ACTION IF THE PROSECUTING AUTHORITY16
FILES A MOTION NO FEWER THAN NINETY DAYS AFTER SEIZURE AND SHOWS17
BY A PREPONDERANCE OF THE EVIDENCE THAT THE DEFENDANT , BEFORE18
CONVICTION:19
(I) A
BANDONED THE PROPERTY ;20
(II) F
LED THE JURISDICTION;21
(III) W
AS DEPORTED BY THE UNITED STATES GOVERNMENT; OR22
(IV) D
IED.23
SECTION 6. In Colorado Revised Statutes, add 16-13-505.5 as24
follows:25
16-13-505.5. Prompt post-seizure hearing. (1) F
OLLOWING26
SEIZURE, A DEFENDANT OR ANY OTHER PERSON WITH AN INTEREST IN THE27
HB24-1023
-15- PROPERTY HAS A RIGHT TO A PROMPT POST -SEIZURE HEARING. THE1
DEFENDANT OR A PERSON WITH AN INTEREST IN THE PROPERTY MAY2
PETITION FOR A HEARING FOURTEEN DAYS AFTER THE SEIZURE IN :3
(a) T
HE CIVIL COURT IF THE STATE HAS FILED A CIVIL COMPLAINT4
IN A FORFEITURE ACTION AGAINST THE PROPERTY ; OR5
(b) T
HE CRIMINAL COURT WHERE THE ASSOCIATED CRIMINAL6
ACTION IS BEING PROSECUTED IF THE STATE HAS NOT FILED A CIVIL7
COMPLAINT IN CIVIL COURT AT THE TIME OF THE PETITION .8
(2) U
PON MOTION BY ANY PARTY AND AT THE COURT 'S9
DISCRETION, THE COURT MAY HOLD A PROMPT POST -SEIZURE HEARING:10
(a) A
S A SEPARATE HEARING; OR11
(b) A
T THE SAME TIME AS A PROBABLE-CAUSE DETERMINATION, A12
POST-ARRAIGNMENT HEARING , A SUPPRESSION HEARING, AN OMNIBUS13
HEARING, OR OTHER PRETRIAL HEARING.14
(3) A
PARTY, BY AGREEMENT OR FOR GOOD CAUSE, MAY MOVE FOR15
ONE EXTENSION OF THE HEARING DATE. ANY MOTION MAY BE SUPPORTED16
BY AFFIDAVITS OR OTHER SUBMISSIONS .17
(4) T
HE COURT SHALL ORDER THE RETURN OF SEIZED PROPERTY IF18
IT FINDS BY A PREPONDERANCE OF THE EVIDENCE THAT :19
(a) T
HE SEIZURE WAS INVALID;20
(b) A
CRIMINAL CHARGE HAS NOT BEEN FILED AND NO EXTENSION21
OF THE FILING PERIOD IS AVAILABLE; OR22
(c) T
HE CLAIMANT IS AN INNOCENT OWNER OR VALID LIENHOLDER .23
(5) N
OTWITHSTANDING SUBSECTION (4) OF THIS SECTION, THE24
COURT MAY IMPOSE REASONABLE CONDITIONS ON THE RETURN OF THE25
SEIZED PROPERTY, INCLUDING THE USE OF PHOTOGRAPHIC EVIDENCE TO26
PRESERVE THE PROPERTY FOR LATER USE AS EVIDENCE IN A CRIMINAL27
HB24-1023
-16- PROSECUTION.1
(6) T
HIS SECTION DOES NOT APPLY TO THE RETURN OF2
CONTRABAND ARTICLES, AS DEFINED IN SECTION 16-13-502.3
SECTION 7. In Colorado Revised Statutes, repeal and reenact,4
with amendments, part 6 of article 13 of title 16 as follows:5
PART 66
FEDERAL SEIZURES AND JOINT TASK FORCES7
16-13-601. Prohibition on federal adoption. (1) A
STATE OR8
LOCAL LAW ENFORCEMENT AGENCY SHALL NOT TRANSFER OR OFFER FOR9
ADOPTION PROPERTY SEIZED UNDER STATE LAW TO A FEDERAL AGENCY10
FOR THE PURPOSE OF FORFEITURE UNDER 18 U.S.C. CHAPTER 46 OR OTHER11
FEDERAL LAW.12
(2) S
UBSECTION (1) OF THIS SECTION ONLY APPLIES TO A SEIZURE13
BY A STATE OR LOCAL LAW ENFORCEMENT AGENCY PURSUANT TO THE14
AGENCY'S AUTHORITY UNDER STATE LAW AND WITHOUT INVOLVEMENT OF15
THE FEDERAL GOVERNMENT IN THE SEIZURE . SUBSECTION (1) OF THIS16
SECTION DOES NOT LIMIT A STATE OR LOCAL LAW ENFORCEMENT AGENCY17
FROM PARTICIPATING IN A JOINT TASK FORCE WITH THE FEDERAL18
GOVERNMENT.19
(3) A
STATE OR LOCAL LAW ENFORCEMENT AGENCY IS PROHIBITED20
FROM ACCEPTING PAYMENT OF ANY KIND OR DISTRIBUTION OF FORFEITURE21
PROCEEDS FROM THE FEDERAL GOVERNMENT IF THE STATE OR LOCAL LAW22
ENFORCEMENT AGENCY VIOLATES SUBSECTION (1) OF THIS SECTION. IF THE23
LOCAL LAW ENFORCEMENT AGENCY VIOLATES SUBSECTION (1) OF THIS24
SECTION, ALL FORFEITURE PROCEEDS OWING TO THE LAW ENFORCEMENT25
AGENCY MUST BE TRANSFERRED TO THE GENERAL FUND .26
16-13-602. State and federal joint task forces. (1) E
XCEPT AS27
HB24-1023
-17- ALLOWED BY SUBSECTION (2) OF THIS SECTION, A JOINT TASK FORCE OF A1
STATE OR LOCAL LAW ENFORCEMENT AGENCY AND A FEDERAL AGENCY2
SHALL TRANSFER SEIZED PROPERTY TO THE PROSECUTING AUTHORITY FOR3
FORFEITURE PURSUANT TO THIS ARTICLE 13.4
(2) A
JOINT TASK FORCE OF A STATE OR LOCAL LAW ENFORCEMENT5
AGENCY AND A FEDERAL AGENCY MAY TRANSFER SEIZED PROPERTY TO6
THE UNITED STATES DEPARTMENT OF JUSTICE FOR FORFEITURE UNDER7
FEDERAL LAW IF THE SEIZED PROPERTY INCLUDES UNITED STATES8
CURRENCY IN AN AMOUNT THAT IS EQUAL TO OR EXCEEDS FIFTY9
THOUSAND DOLLARS.10
(3) A
STATE OR LOCAL LAW ENFORCEMENT AGENCY IS PROHIBITED11
FROM ACCEPTING PAYMENT OR DISTRIBUTION OF ANY KIND FROM THE12
FEDERAL GOVERNMENT IF THE FEDERAL GOVERNMENT REQUIRES THAT13
SEIZED PROPERTY THAT INCLUDES UNITED STATES CURRENCY IN AN14
AMOUNT LESS THAN FIFTY THOUSAND DOLLARS AS ESTABLISHED IN15
SUBSECTION (2) OF THIS SECTION BE TRANSFERRED TO THE FEDERAL16
GOVERNMENT FOR FORFEITURE UNDER FEDERAL LAW .17
(4) N
OTHING IN SUBSECTION (1) OR (2) OF THIS SECTION PROHIBITS18
THE FEDERAL GOVERNMENT , ACTING ALONE, FROM SEIZING PROPERTY AND19
SEEKING FORFEITURE OF PROPERTY UNDER FEDERAL LAW .20
(5) T
HE ATTORNEY GENERAL SHALL CONSULT WITH THE UNITED21
S
TATES ATTORNEY FOR THE DISTRICT OF COLORADO AND ESTABLISH22
GUIDELINES FOR JOINT TASK FORCES AND MULTIJURISDICTIONAL23
COLLABORATION. THE GUIDELINES MUST:24
(a) B
E CONSISTENT WITH STATE LAW TO AVOID , WHEN POSSIBLE,25
THE CIRCUMVENTION OF STATE FORFEITURE LAW ; AND26
(b) E
NSURE THAT ACTIVITIES BY STATE LAW ENFORCEMENT27
HB24-1023
-18- OFFICERS ARE CONDUCTED IN COMPLIANCE WITH THE UNITED STATES1
DEPARTMENT OF JUSTICE'S POLICIES.2
SECTION 8. In Colorado Revised Statutes, 24-32-124, amend3
(5)(b) as follows:4
24-32-124. Law enforcement community services grant5
program - committee - policies and procedures - fund - rules - report6
- definitions. (5) (b) The law enforcement community services grant7
program fund is created in the state treasury. The fund consists of money8
transferred to the fund pursuant to section 16-13-311, any other money9
that the general assembly may appropriate or transfer to the fund, and any10
gifts, grants, or donations received by the division. Subject to annual11
appropriation by the general assembly, the division may only expend12
money from the fund for the grants awarded pursuant to this section and13
for up to five percent of the money in the fund for the direct and indirect14
costs incurred in administering the program. Any unexpended and15
unencumbered money from an appropriation made for the purposes of16
this section remains available for expenditure by the division in the next17
fiscal year without further appropriation.18
SECTION 9. In Colorado Revised Statutes, 28-3-1303, amend19
(2) as follows:20
28-3-1303. Drug interdiction and enforcement plan -21
requirements. (2) Notwithstanding any other provision of law, when22
participating in operations pursuant to the drug interdiction and23
enforcement plan required by this part 13, the National Guard shall be IS24
considered a law enforcement agency of the state for purposes of25
accepting, receiving, disposing of, and expending the property and26
proceeds from any property forfeited to the federal government and27
HB24-1023
-19- allocated to the National Guard pursuant to section 16-13-601, C.R.S.1
SECTION 16-13-602.2
SECTION 10. In Colorado Revised Statutes, amend 28-3-13053
as follows:4
28-3-1305. Department of military and veterans affairs5
counterdrug program federal forfeiture fund - creation. Any moneys6
MONEY accepted by the adjutant general pursuant to section 16-13-601,7
C.R.S., shall SECTION 16-13-602 MUST be transmitted to the state8
treasurer, who shall credit the same MONEY to the department of military9
and veterans affairs counterdrug program federal forfeiture fund, which10
fund is hereby created in the state treasury and referred to in this section11
as the "fund". All interest and income derived from the investment and12
deposit of moneys MONEY in the fund shall be IS credited to the fund. Any13
unexpended and unencumbered moneys MONEY remaining in the fund at14
the end of a fiscal year shall remain REMAINS in the fund and shall not be15
IS NOT credited or transferred to the general fund or another fund. Moneys16
M
ONEY in the fund shall be
IS continuously appropriated to the17
department for use by the adjutant general in compliance with state and18
federal law.19
SECTION 11. Act subject to petition - effective date -20
applicability. (1) This act takes effect September 1, 2024; except that,21
if a referendum petition is filed pursuant to section 1 (3) of article V of22
the state constitution against this act or an item, section, or part of this act23
within the ninety-day period after final adjournment of the general24
assembly, then the act, item, section, or part will not take effect unless25
approved by the people at the general election to be held in November26
2024 and, in such case, will take effect January 1, 2025, or on the date of27
HB24-1023
-20- the official declaration of the vote thereon by the governor, whichever is1
later.2
(2) This act applies to seizures made on or after the applicable3
effective date of this act.4
HB24-1023
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