First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0067.01 Jerry Barry x4341
HOUSE BILL 25-1067
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING THE "CRIMINAL ASSET FORFEITURE ACT".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 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;
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. ! 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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 11 to article2
13 of title 16 as follows:3
PART 114
CRIMINAL ASSET FORFEITURE ACT5
16-13-1101. Short title and application. (1) T
HE SHORT TITLE6
OF THIS PART 11 IS THE "CRIMINAL ASSET FORFEITURE ACT".7
(2) T
HIS PART 11 APPLIES TO THE SEIZURE AND FORFEITURE OF8
PROPERTY USED IN AND DERIVED DIRECTLY FROM THE UNLAWFUL9
DISTRIBUTION, MANUFACTURING, DISPENSING, OR SALE OF CONTROLLED10
SUBSTANCES, AS DESCRIBED IN SECTION 18-18-405.11
16-13-1102. Definitions. A
S USED IN THIS PART 11, UNLESS THE12
CONTEXT OTHERWISE REQUIRES :13
(1) "A
BANDONED PROPERTY " MEANS PERSONAL PROPERTY TO14
WHICH A POSSESSOR RELINQUISHES ALL RIGHTS OF OWNERSHIP OR15
CONTROL. "ABANDONED PROPERTY" DOES NOT INCLUDE REAL PROPERTY.16
(2) "A
CTUAL KNOWLEDGE " MEANS DIRECT AND CLEAR17
AWARENESS OF INFORMATION , A FACT, OR A CONDITION.18
(3) "C
ONTRABAND" MEANS GOODS THAT, IN THEMSELVES, ARE19
UNLAWFUL TO POSSESS , INCLUDING A SCHEDULED DRUG OBTAINED20
WITHOUT A LAWFUL PRESCRIPTION OR AN ILLEGALLY POSSESSED FIREARM .21
HB25-1067-2- (4) "CONVEYANCE" MEANS A DEVICE USED FOR TRANSPORTATION ,1
INCLUDING A MOTOR VEHICLE, TRAILER, SNOWMOBILE, AIRPLANE, VESSEL,2
OR EQUIPMENT ATTACHED TO ONE OF THESE DEVICES . "CONVEYANCE"3
DOES NOT INCLUDE STOLEN PROPERTY .4
(5) "I
NNOCENT OWNER " MEANS AN OWNER , CO-OWNER,5
DEFENDANT'S HEIR, OR OTHER PERSON WHO REGULARLY USES THE6
PROPERTY SUBJECT TO FORFEITURE , BUT WHO DOES NOT HAVE ACTUAL7
KNOWLEDGE OF THE USE OF THE PROPERTY IN THE CRIME THAT8
AUTHORIZES THE FORFEITURE OF THE PROPERTY . "INNOCENT OWNER"9
DOES NOT INCLUDE A DEFENDANT OR A SECURED INTEREST HOLDER .10
(6) "I
NSTRUMENTALITY" MEANS PROPERTY OTHERWISE LAWFUL TO11
POSSESS THAT IS USED IN A CRIME THAT AUTHORIZES THE FORFEITURE OF12
THE PROPERTY. "INSTRUMENTALITY" INCLUDES LAND, BUILDINGS,13
CONTAINERS, CONVEYANCES, EQUIPMENT, MATERIALS, PRODUCTS, TOOLS,14
COMPUTERS, COMPUTER SOFTWARE , TELECOMMUNICATIONS DEVICES ,15
FIREARMS, AMMUNITION, AND AMMUNITION- AND FIREARM-ACCESSORIES.16
(7) "L
AW ENFORCEMENT AGENCY " MEANS A NONFEDERAL POLICE17
FORCE, OR OTHER LOCAL, COUNTY, CITY AND COUNTY, OR STATE AGENCY,18
THAT HAS THE AUTHORITY PURSUANT TO COLORADO LAW TO ENGAGE IN19
SEIZURE AND FORFEITURE.20
(8) "P
ERSONAL PROPERTY" MEANS A MOVABLE OR INTANGIBLE21
ASSET OF VALUE THAT IS SUBJECT TO OWNERSHIP. "PERSONAL PROPERTY"22
DOES NOT INCLUDE REAL PROPERTY OR PROCEEDS .23
(9) "P
ROCEEDS" MEANS UNITED STATES CURRENCY, CURRENCY OF24
ANOTHER NATION , DIGITAL AND CRYPTOCURRENCY , SECURITIES,25
NEGOTIABLE INSTRUMENTS , OR OTHER MEANS OF EXCHANGE OBTAINED26
FROM THE SALE OF PROPERTY OR CONTRABAND .27
HB25-1067
-3- (10) "PROSECUTING AUTHORITY" MEANS A MUNICIPAL ATTORNEY,1
SOLICITOR, DISTRICT ATTORNEY , ATTORNEY GENERAL , OR OTHER2
GOVERNMENT OFFICIAL LEGALLY AUTHORIZED TO PROSECUTE CRIME .3
(11) "P
UBLIC DEFENDER" MEANS AN ATTORNEY EMPLOYED BY OR4
CONTRACTED WITH THE OFFICE OF THE STATE PUBLIC DEFENDER CREATED5
PURSUANT TO ARTICLE 1 OF TITLE 21, THE OFFICE OF ALTERNATE DEFENSE6
COUNSEL CREATED PURSUANT TO ARTICLE 2 OF TITLE 21, OR A MUNICIPAL7
PUBLIC DEFENDER.8
(12) "R
EAL PROPERTY" MEANS IMMOVABLE PROPERTY AND REAL9
ESTATE AND REALTY, INCLUDING LAND AND ANYTHING GROWING ON ,10
ATTACHED TO, OR ERECTED ON THE LAND, SUCH AS A BUILDING.11
(13) "S
ECURED INTEREST HOLDER " MEANS A PERSON WHO IS A12
SECURED CREDITOR, MORTGAGEE, LIENHOLDER, OR OTHER PERSON WHO13
HAS A VALID CLAIM, SECURITY INTEREST, MORTGAGE, LIEN, LEASEHOLD,14
OR OTHER INTEREST IN THE PROPERTY SUBJECT TO FORFEITURE . "SECURED15
INTEREST HOLDER" DOES NOT INCLUDE A DEFENDANT OR AN INNOCENT16
OWNER.17
16-13-1103. Purpose. (1) T
HE PURPOSE OF THIS PART 11 IS TO:18
(a) D
ETER CRIME BY REDUCING ITS ECONOMIC INCENTIVES ;19
(b) C
ONFISCATE PROPERTY USED IN VIOLATION OF LAW ;20
(c) D
ISGORGE THE FRUIT OF ILLEGAL CONDUCT ; AND21
(d) P
ROTECT THE DUE PROCESS RIGHTS OF PROPERTY OWNERS .22
16-13-1104. Jurisdiction. (1) T
HERE IS NO CIVIL FORFEITURE23
UNDER THIS PART 11.24
(2) T
HE COURT THAT HAS JURISDICTION IN THE RELATED CRIMINAL25
CASE HAS JURISDICTION IN THE FORFEITURE PROCEEDING DESCRIBED26
PURSUANT TO THIS PART 11.27
HB25-1067
-4- (3) A FORFEITURE PROCEEDING IS PART OF THE PROSECUTION OF1
THE RELATED CRIME, AND THE FORFEITURE PROCEEDING MUST FOLLOW A2
FINDING OF THE DEFENDANT'S GUILT OR BE CONDUCTED AT THE COURT 'S3
DISCRETION. THE COURT SHALL CONDUCT THE FORFEITURE PROCEEDING4
WITHOUT A JURY.5
(4) A
LL FORFEITURE-RELATED MOTIONS MUST BE FILED IN THE6
CRIMINAL COURT WITH JURISDICTION OVER THE CRIMINAL CASE AT THE7
TIME OF FILING.8
(5)
IF THE INITIAL COURT BINDS OVER OR TRANSFERS THE CRIMINAL9
CASE TO ANOTHER COURT , THE INITIAL COURT SHALL TRANSFER THE10
FORFEITURE-RELATED MOTIONS ALONG WITH THE CRIMINAL CASE TO THE11
OTHER COURT. AT ITS DISCRETION, THE INITIAL COURT MAY POSTPONE A12
FORFEITURE-RELATED HEARING AND BIND OVER A FORFEITURE -RELATED13
MOTION TO ANOTHER COURT IN THE INTERESTS OF JUSTICE AND EFFICIENT14
USE OF GOVERNMENTAL RESOURCES .15
16-13-1105. Seizure of proceeds without process.16
(1) P
ROCEEDS MAY BE SEIZED WITHOUT A COURT ORDER IF THE STATE HAS17
PROBABLE CAUSE TO BELIEVE THE PROCEEDS THAT ARE FORFEITABLE18
PURSUANT TO THIS PART 11 WERE OR MAY BE USED IN THE PURCHASE OF19
A CONTROLLED OR OTHER ILLEGAL SUBSTANCE OR DERIVED DIRECTLY20
FROM ANOTHER ILLEGAL ACTIVITY , AND:21
(a) T
HE SEIZURE IS INCIDENT TO A LAWFUL ARREST;22
(b) T
HE DELAY CAUSED BY THE NECESSITY OF OBTAINING A COURT23
ORDER AUTHORIZING SEIZURE WOULD REASONABLY RESULT IN THE24
REMOVAL OR DESTRUCTION OF THE PROCEEDS THAT ARE FORFEITABLE25
PURSUANT TO THIS PART 11;26
(c) T
HE PERSONAL PROPERTY IS THE SUBJECT OF A PRIOR AND27
HB25-1067
-5- VALID JUDGMENT OF FORFEITURE IN FAVOR OF THE STATE ; OR1
(d) T
HE PROCEEDS ARE SEIZED OR IMPOUNDED AS EVIDENCE IN A2
CRIMINAL PROSECUTION OR INVESTIGATION INDEPENDENT OF FORFEITURE .3
16-13-1106. Seizure of personal property without process.4
(1) P
ERSONAL PROPERTY SUBJECT TO FORFEITURE MAY BE SEIZED5
WITHOUT A COURT ORDER IF:6
(a) T
HE SEIZURE IS INCIDENT TO A LAWFUL ARREST;7
(b) T
HE STATE HAS PROBABLE CAUSE TO BELIEVE THE PROPERTY8
WAS USED OR WAS ATTEMPTED TO BE USED IN A MANNER THAT MAKES THE9
PROPERTY FORFEITABLE PURSUANT TO THIS PART 11;10
(c) T
HE STATE HAS PROBABLE CAUSE TO BELIEVE THE DELAY11
CAUSED BY THE NECESSITY OF OBTAINING A COURT ORDER WOULD12
REASONABLY RESULT IN THE REMOVAL OR DESTRUCTION OF THE13
PROPERTY THAT IS FORFEITABLE PURSUANT TO THIS PART 11;14
(d) T
HE PROPERTY IS THE SUBJECT OF A PRIOR AND VALID15
JUDGMENT OF FORFEITURE IN FAVOR OF THE STATE ; OR16
(e) T
HE PROPERTY IS SEIZED OR IMPOUNDED AS EVIDENCE IN A17
CRIMINAL PROSECUTION OR INVESTIGATION INDEPENDENT OF FORFEITURE .18
16-13-1107. Seizure of personal property with process. A
T THE19
REQUEST OF THE STATE, THE COURT MAY ISSUE AN EX PARTE ORDER TO20
SEARCH, ATTACH, SEIZE, OR SECURE PROCEEDS AND PERSONAL PROPERTY21
FOR WHICH FORFEITURE IS SOUGHT AND TO PROVIDE FOR THEIR CUSTODY .22
A
PPLICATION, ISSUANCE, EXECUTION, AND RETURN ARE SUBJECT TO THE23
LAWS OF THIS STATE AND COURT RULES .24
16-13-1108. Seizure or restraint of real property with process.25
(1) R
EAL PROPERTY MUST NOT BE SEIZED OR RESTRAINED WITHOUT A26
COURT ORDER.27
HB25-1067
-6- (2) A COURT MUST NOT ISSUE AN ORDER TO SEIZE OR RESTRAIN1
REAL PROPERTY UNLESS THE DEFENDANT AND ANY OTHER PERSON WITH2
A KNOWN INTEREST IN THE REAL PROPERTY RECEIVE PROPER NOTICE AND3
THE DEFENDANT AND ANOTHER PERSON WITH A KNOWN INTEREST IN THE4
PROPERTY ARE GIVEN AN OPPORTUNITY FOR A CONTESTED HEARING TO5
DETERMINE THE EXISTENCE OF PROBABLE CAUSE FOR THE SEIZURE .6
(3) N
OTICE MUST BE MADE BY PUBLICATION IF NOTICE BY7
PERSONAL SERVICE IS NOT SUCCESSFUL AFTER REASONABLE ATTEMPTS .8
(4) T
HIS SECTION DOES NOT PROHIBIT A PROSECUTING AUTHORITY9
FROM SEEKING A LIS PENDENS OR RESTRAINING ORDER TO HINDER THE10
SALE OR DESTRUCTION OF REAL PROPERTY . HOWEVER, IF THE11
PROSECUTING AUTHORITY OBTAINS A LIS PENDENS OR RESTRAINING12
ORDER, THE PROSECUTING AUTHORITY SHALL NOTIFY THE DEFENDANT13
AND ANY OTHER PERSON WITH A KNOWN INTEREST IN THE PROPERTY14
WITHIN THIRTY DAYS AFTER FILING THE LIS PENDENS .15
(5) A
PPLICATION, FILING, ISSUANCE, EXECUTION, AND RETURN OF16
A COURT ORDER ARE SUBJECT TO THE LAWS OF THIS STATE AND COURT17
RULES.18
16-13-1109. Stolen property and contraband. (1) A
PROPERTY19
RIGHT DOES NOT EXIST IN STOLEN PROPERTY OR CONTRABAND . STOLEN20
PROPERTY AND CONTRABAND ARE SUBJECT TO SEIZURE .21
(2) S
TOLEN PROPERTY MUST BE RETURNED , AND CONTRABAND22
MUST BE DISPOSED OF ACCORDING TO THE LAWS OF THIS STATE .23
(3) N
OTWITHSTANDING SUBSECTION (2) OF THIS SECTION, THE24
COURT MAY IMPOSE REASONABLE CONDITIONS ON THE RELEASE OF STOLEN25
PROPERTY AND THE DISPOSAL OF CONTRABAND , INCLUDING THE USE OF26
PHOTOGRAPHIC EVIDENCE, TO PRESERVE THE PROPERTY FOR LATER USE AS27
HB25-1067
-7- EVIDENCE IN PROCEEDINGS HELD PURSUANT TO THIS PART 11 OR THE1
RELATED CRIMINAL PROSECUTION .2
16-13-1110. Storing seized property and depositing seized3
proceeds. (1) T
HE SEIZING AGENCY IS RESPONSIBLE FOR PROVIDING4
ADEQUATE STORAGE, SECURITY, PRESERVATION, AND MAINTENANCE FOR5
SEIZED PROPERTY UNLESS ANOTHER AGENCY AGREES TO ACCEPT THE6
RESPONSIBILITY. THE COMMANDER OF A MULTIJURISDICTIONAL TASK7
FORCE MAY ASSIGN THIS RESPONSIBILITY TO ONE AGENCY .8
(2) T
HE SEIZING AGENCY SHALL STORE SEIZED INSTRUMENTALITIES9
IN AN APPROPRIATE PLACE FOR PRESERVATION AND MAINTENANCE .10
(3) T
HE SEIZING AGENCY SHALL DEPOSIT SEIZED PROCEEDS IN AN11
INTEREST-BEARING ACCOUNT PENDING THE EXHAUSTION OF APPEALS OR12
THE RECEIPT OF A COURT ORDER TO DISBURSE THE SEIZED PROCEEDS .13
(4) N
OTWITHSTANDING SUBSECTION (3) OF THIS SECTION, THE14
SEIZING AGENCY MAY TAKE REASONABLE ACTIONS , INCLUDING THE USE OF15
PHOTOGRAPHY, TO PRESERVE FOR LATER USE EVIDENCE OF THE PROCEEDS16
IN PROCEEDINGS HELD PURSUANT TO THIS PART 11 OR IN THE RELATED17
CRIMINAL PROSECUTION.18
16-13-1111. Receipt. (1) A
T THE TIME OF THE SEIZURE, THE LAW19
ENFORCEMENT OFFICER WHO SEIZES THE PROPERTY SHALL GIVE AN20
ITEMIZED RECEIPT TO THE PERSON WHO POSSESSES THE PROPERTY .21
(2) T
HE ITEMIZED RECEIPT MUST BE NUMBERED FOR REFERENCE22
AND CONSTITUTES NOTICE OF SEIZURE.23
(3) I
F THE PERSON WHO POSSESSES THE PROPERTY IS NOT PRESENT24
WHEN THE LAW ENFORCEMENT OFFICER SEIZES THE PROPERTY , THE25
OFFICER SHALL LEAVE A RECEIPT IN THE PLACE WHERE THE PROPERTY WAS26
FOUND, IF POSSIBLE.27
HB25-1067
-8- 16-13-1112. Property exempt from seizure and forfeiture.1
(1) T
HE PROSECUTING AUTHORITY MAY ESTABLISH MINIMUM DOLLAR2
AMOUNTS FOR SEIZURE OF UNITED STATES CURRENCY AND MOTOR3
VEHICLES IN THE PROSECUTING AUTHORITY 'S JURISDICTION. THE4
PROSECUTING AUTHORITY SHALL SET THE MINIMUMS IN THE INTERESTS OF5
JUSTICE AND EFFICIENT USE OF GOVERNMENT RESOURCES . THE MINIMUMS6
MUST BE BASED ON THE PROSECUTING AUTHORITY 'S EXCLUSIVE7
DETERMINATION AND MAY REFLECT :8
(a) T
HE DETERRENCE THAT MINIMUM -DOLLAR SEIZURES HAVE ON9
CRIME;10
(b) T
HE CRIMINAL OFFENSES THAT INCLUDE THE SEIZURE OF11
PROPERTY; AND12
(c) T
HE COSTS TO SEIZE AND FORFEIT PROPERTY.13
(2) T
HE PROSECUTING AUTHORITY SHALL POST ON ITS WEBSITE THE14
PUBLICATIONS THAT LAW ENFORCEMENT AGENCIES MAY USE TO15
ESTABLISH THE VALUE OF A MOTOR VEHICLE IN THE PROSECUTING16
AUTHORITY'S JURISDICTION. THE PUBLICATIONS MAY INCLUDE THE17
K
ELLEY BLUE BOOK AND THE JD POWER/NADA OFFICIAL USED CAR18
G
UIDE.19
16-13-1113. Waivers permitted and prohibited. (1) A
PERSON20
FROM WHOM PROPERTY IS SEIZED MAY RELINQUISH THE PERSON 'S RIGHTS,21
INTERESTS, AND TITLE IN THE SEIZED PROPERTY BY KNOWINGLY AND22
VOLUNTARILY EXECUTING A WAIVER THAT IS AGREED TO BY THE23
PROSECUTING AUTHORITY.24
(2) A
WAIVER MAY BE PART OF AN AGREEMENT WITH THE25
PROSECUTING AUTHORITY . HOWEVER, THE PROSECUTING AUTHORITY26
SHALL NOT CONDITION THE INITIAL ENGAGEMENT IN PLEA NEGOTIATIONS27
HB25-1067
-9- UPON THE WAIVER OF THE PERSON'S RIGHTS, INTERESTS, AND TITLE IN THE1
SEIZED PROPERTY.2
(3) A
WAIVER EXECUTED PURSUANT TO SUBSECTIONS (1) AND (2)3
OF THIS SECTION IS SUBJECT TO A CLAIM BY A SECURED INTEREST HOLDER ,4
INNOCENT OWNER, OR OTHER PERSON ENTITLED TO NOTICE PURSUANT TO5
SECTION 16-13-1116. THE CLAIMANT MAY CONSENT TO CERTAIN ISSUES6
AND REQUEST THAT THE COURT DETERMINE THE REMAINING ISSUES .7
(4)
A LAW ENFORCEMENT OFFICER, OTHER THAN THE PROSECUTING8
AUTHORITY, SHALL NOT REQUEST, INDUCE, OR REQUIRE, IN A WAIVER, A9
PERSON TO RELINQUISH, FOR PURPOSE OF FORFEITURE , THE PERSON'S10
RIGHTS, INTEREST, AND TITLE IN A PROPERTY. SUCH A WAIVER IS VOID AND11
INADMISSIBLE IN COURT.12
16-13-1114. Title. T
ITLE TO THE PROPERTY SUBJECT TO13
FORFEITURE IS VESTED WITH THE STATE WHEN THE COURT ISSUES A14
FORFEITURE JUDGMENT AND RELATES BACK TO THE TIME WHEN THE LAW15
ENFORCEMENT AGENCY SEIZED OR RESTRAINED THE PROPERTY . TITLE TO16
SUBSTITUTE ASSETS IS VESTED WHEN THE COURT ISSUES AN ORDER17
FORFEITING SUBSTITUTE ASSETS.18
16-13-1115. Counsel and pro se representation. (1) I
F A PUBLIC19
DEFENDER OR COUNSEL APPOINTED BY THE COURT REPRESENTS A20
CLAIMANT-DEFENDANT IN A CRIMINAL MATTER, THE PUBLIC DEFENDER OR21
APPOINTED COUNSEL SHALL REPRESENT THE DEFENDANT IN THE RELATED22
FORFEITURE PROCEEDING.23
(2) I
F THE DEFENDANT OR A CLAIMANT WHO IS AN INNOCENT24
OWNER ENGAGES IN PRO SE REPRESENTATION IN THE FORFEITURE25
PROCEEDING BEFORE A JUDGE , THE JUDGE MAY EXERCISE THE JUDGE 'S26
DISCRETION IN APPLYING THE RULES OF PLEADING , PROCEDURE, OR27
HB25-1067
-10- EVIDENCE.1
16-13-1116. Notice to other known owners. (1) T
HE2
PROSECUTING AUTHORITY SHALL PERFORM A REASONABLE SEARCH OF3
VEHICLE REGISTRATIONS, PROPERTY RECORDS , AND OTHER PUBLIC4
RECORDS TO IDENTIFY A PERSON, OTHER THAN THE DEFENDANT , KNOWN5
TO HAVE AN INTEREST IN THE PROPERTY THAT IS SUBJECT TO FORFEITURE .6
(2) T
HE PROSECUTING AUTHORITY OR THE PROSECUTING7
AUTHORITY'S DESIGNEE SHALL GIVE NOTICE TO A PERSON IDENTIFIED AS8
HAVING AN INTEREST IN THE PROPERTY THAT IS SUBJECT TO FORFEITURE9
WHO IS NOT CHARGED OR INDICTED . THE NOTICE MUST INCLUDE THE10
SEIZURE RECEIPT NUMBER REQUIRED PURSUANT TO SECTION 16-13-1111.11
T
HE PROSECUTING AUTHORITY OR THE PROSECUTING AUTHORITY 'S12
DESIGNEE MAY PROVIDE NOTICE BY PUBLICATION IF NOTICE BY PERSONAL13
SERVICE IS NOT SUCCESSFUL AFTER REASONABLE ATTEMPTS .14
(3) T
HE FOLLOWING LANGUAGE MUST APPEAR SUBSTANTIALLY15
AND CONSPICUOUSLY IN THE NOTICE :16
WARNING:
YOU MAY LOSE THE RIGHT TO BE HEARD IN COURT IF17
YOU DO NOT FILE A SIMPLE STATEMENT OF INTEREST OR18
OWNERSHIP PROMPTLY. YOU DO NOT HAVE TO PAY A FILING FEE TO19
FILE YOUR NOTICE.20
(4) I
F THE PROSECUTING AUTHORITY OR THE PROSECUTING21
AUTHORITY'S DESIGNEE DOES NOT SERVE NOTICE BY PERSONAL SERVICE22
OR BY PUBLICATION, AND ALL EXTENSION PERIODS HAVE EXPIRED , THE23
COURT SHALL ORDER THE RETURN OF THE PROPERTY WITHIN FIVE DAYS TO24
A CLAIMANT WHO HAS A VALID INTEREST IN THE PROPERTY AND IS25
ENTITLED TO NOTICE PURSUANT TO SUBSECTION (2) OF THIS SECTION. THE26
COURT SHALL NOT ORDER THE RETURN OF CONTRABAND .27
HB25-1067
-11- (5) AFTER THE COURT ISSUES AN ORDER TO RETURN THE1
PROPERTY, A FURTHER CLAIM BY A PROSECUTING AUTHORITY TO THE2
PROPERTY IS INVALID.3
(6) N
OTWITHSTANDING SUBSECTION (4) OF THIS SECTION, THE4
COURT MAY IMPOSE REASONABLE CONDITIONS ON THE RETURN OF THE5
PROPERTY, INCLUDING THE USE OF PHOTOGRAPHIC EVIDENCE , TO6
PRESERVE THE PROPERTY FOR LATER USE AS EVIDENCE IN PROCEEDINGS7
HELD PURSUANT TO THIS PART 11 OR THE RELATED CRIMINAL8
PROSECUTION.9
16-13-1117. Prompt post-seizure hearing - return of seized10
property to obtain counsel. (1) F
OLLOWING SEIZURE OF PROPERTY , A11
DEFENDANT OR ANOTHER PERSON WITH AN INTEREST IN THE PROPERTY12
HAS A RIGHT TO A PROMPT POST-SEIZURE HEARING.13
(2) A
PERSON WITH AN INTEREST IN THE PROPERTY MAY PETITION14
THE COURT FOR A HEARING TO BE HELD WITHIN FOURTEEN DAYS AFTER15
FILING THE PETITION.16
(3) A
T THE COURT'S DISCRETION, IT MAY HOLD A PROMPT17
POST-SEIZURE HEARING:18
(a) A
S A SEPARATE HEARING; OR19
(b) A
T THE SAME TIME AS A PROBABLE CAUSE HEARING , A20
POST-ARRAIGNMENT HEARING , A SUPPRESSION HEARING, AN OMNIBUS21
HEARING, OR ANOTHER PRETRIAL HEARING.22
(4) A
PARTY, BY AGREEMENT OR FOR GOOD CAUSE, MAY MOVE FOR23
ONE EXTENSION OF THE HEARING DATE . THE PARTY MAY SUPPORT A24
MOTION WITH AFFIDAVITS OR OTHER SUBMISSIONS .25
(5) T
HE COURT SHALL ORDER THE RETURN OF PROPERTY IF THE26
COURT FINDS:27
HB25-1067
-12- (a) THE SEIZURE OF THE PROPERTY WAS UNCONSTITUTIONAL ;1
(b) A
CRIMINAL CHARGE HAS NOT BEEN FILED AND NO TIME2
REMAINS TO FILE A CHARGE;3
(c) T
HE PETITIONER IS AN INNOCENT OWNER OR SECURED INTEREST4
HOLDER; OR5
(d) T
HE GOVERNMENT'S CONTINUED POSSESSION OF A MOTOR6
VEHICLE WILL CAUSE SUBSTANTIAL HARDSHIP TO AN IMMEDIATE FAMILY7
MEMBER OF THE DEFENDANT , INCLUDING PREVENTING THE FAMILY8
MEMBER FROM WORKING OR INCONVENIENCING THE TRANSPORTATION OF9
THE FAMILY MEMBER'S CHILD.10
(6) U
PON THE COURT ORDER TO RETURN THE PROPERTY , A11
FURTHER CLAIM BY A PROSECUTING AUTHORITY TO THE PROPERTY IS12
INVALID. THE COURT SHALL NOT ORDER THE RETURN OF CONTRABAND .13
(7) N
OTWITHSTANDING SUBSECTION (5) OF THIS SECTION, THE14
COURT MAY IMPOSE REASONABLE CONDITIONS ON THE RETURN OF THE15
SEIZED PROPERTY, INCLUDING REQUIRING PHOTOGRAPHIC EVIDENCE OF16
THE SEIZED PROPERTY, TO PRESERVE THE PROPERTY FOR LATER USE AS17
EVIDENCE IN PROCEEDINGS HELD PURSUANT TO THIS PART 11 OR THE18
RELATED CRIMINAL PROSECUTION .19
16-13-1118. Notice of proposed forfeiture. (1) I
F THE STATE20
SEEKS FORFEITURE OF PROPERTY, THE PROSECUTING AUTHORITY SHALL21
FILE WITH THE COURT A NOTICE OF PROPOSED FORFEITURE . THE NOTICE22
MUST BE A SEPARATE DOCUMENT . THE NOTICE MUST INCLUDE:23
(a) A
DESCRIPTION OF THE PROPERTY SEIZED;24
(b) T
HE TIME, DATE, AND PLACE OF THE SEIZURE;25
(c) T
HE SEIZURE RECEIPT NUMBER REQUIRED BY SECTION26
16-13-1111;
AND27
HB25-1067
-13- (d) A DESCRIPTION OF HOW THE PROPERTY WAS USED IN OR1
DERIVED FROM THE ALLEGED CRIME .2
(2) T
HE PROSECUTING AUTHORITY SHALL ALLEGE IN THE NOTICE3
THAT THE FORFEITURE OF PROPERTY MAY OCCUR AS A PROCESS AFTER THE4
CONVICTION OF THE CRIME FOR WHICH THE DEFENDANT IS CHARGED OR AS5
PART OF SENTENCING CONSIDERATION . THE COURT SHALL NOT READ THE6
NOTICE TO THE JURY.7
(3) T
HE PROSECUTING AUTHORITY SHALL SERVE THE NOTICE :8
(a) W
ITH THE INITIAL CHARGING INSTRUMENT;9
(b) S
EPARATELY FROM, BUT NOT LATER THAN NINETY DAYS AFTER ,10
THE PRESENTMENT OF THE CHARGING INSTRUMENT FOR A MISDEMEANOR ;11
(c) N
OT LATER THAN THE EARLIER OF NINETY DAYS AFTER12
PRESENTMENT TO A GRAND JURY OR ONE HUNDRED EIGHTY DAYS AFTER13
AN ARREST FOR A FELONY; OR14
(d) A
T THE COURT'S DISCRETION.15
(4) A
T THE COURT'S DISCRETION, THE COURT MAY ALLOW THE16
PROSECUTING AUTHORITY TO AMEND THE NOTICE AS REQUIRED IN THE17
INTEREST OF JUSTICE.18
(5) T
HE COURT SHALL ORDER THE RETURN OF THE SEIZED19
PROPERTY TO THE OWNER IF THE PROSECUTING AUTHORITY DOES NOT FILE20
A CHARGING INSTRUMENT AS PROVIDED BY THE COURT 'S RULES, THE21
PERIOD OF AN EXTENSION EXPIRES, OR THE COURT DOES NOT GRANT AN22
EXTENSION UNLESS A CHARGE IS NOT FILED PURSUANT TO AN AGREEMENT23
OR WAIVER.24
(6) U
PON THE COURT'S ISSUING AN ORDER TO RETURN THE25
PROPERTY, NO FURTHER CLAIM BY A PROSECUTING AUTHORITY TO THE26
PROPERTY IS VALID. THE COURT SHALL NOT ORDER THE RETURN OF27
HB25-1067
-14- CONTRABAND.1
(7) N
OTWITHSTANDING SUBSECTION (5) OF THIS SECTION, THE2
COURT MAY IMPOSE REASONABLE CONDITIONS ON THE RETURN OF THE3
PROPERTY, INCLUDING THE USE OF PHOTOGRAPHIC EVIDENCE , TO4
PRESERVE THE PROPERTY FOR LATER USE AS EVIDENCE IN ANOTHER5
CRIMINAL PROSECUTION.6
16-13-1119. Discovery. D
ISCOVERY RELATED TO THE FORFEITURE7
PROCEEDING HELD PURSUANT TO THIS PART 11 IS SUBJECT TO THE RULES8
OF CRIMINAL PROCEDURE OR COURT RULES FOR GENERAL DISCOVERY .9
16-13-1120. Trial - conviction required and standard of proof.10
(1) P
ROPERTY MAY BE FORFEITED IF:11
(a) T
HE STATE SECURES A CONVICTION FOR A CRIME DESCRIBED IN12
SECTION 18-18-405, 18-18-406, 18-18-406.2, OR 18-18-406.9; AND13
(b) T
HE STATE ESTABLISHES BY A PREPONDERANCE OF THE14
EVIDENCE THAT THE SEIZED PROPERTY IS AN INSTRUMENTALITY OF , OR IS15
THE PROCEEDS DERIVED DIRECTLY FROM , THE CRIME FOR WHICH THE16
STATE SECURED A CONVICTION.17
(2) T
HE COURT SHALL HOLD THE FORFEITURE PROCEEDING AFTER18
THE DEFENDANT'S CONVICTION IN THE CRIMINAL PROSECUTION . AT ITS19
DISCRETION, THE COURT MAY HOLD THE FORFEITURE PROCEEDING AS SOON20
AS PRACTICABLE, INCLUDING CONCURRENT WITH SENTENCING . THE COURT21
SHALL CONDUCT THE FORFEITURE PROCEEDING WITHOUT A JURY .22
(3) P
ROVIDED THAT ALL PERSONS ENTITLED TO NOTICE PURSUANT23
TO SECTION 16-13-1116 CONSENT TO THE FORFEITURE, THIS PART 11 DOES24
NOT PROHIBIT PROPERTY FROM BEING FORFEITED BY :25
(a) A
CONSENT ORDER OR PLEA AGREEMENT APPROVED BY THE26
COURT;27
HB25-1067
-15- (b) A DIVERSION AGREEMENT; OR1
(c) A
GRANT OF IMMUNITY OR REDUCED PUNISHMENT , WITH OR2
WITHOUT THE FILING OF A CRIMINAL CHARGE , IN EXCHANGE FOR3
TESTIFYING OR ASSISTING A LAW ENFORCEMENT INVESTIGATION OR4
PROSECUTION.5
(4) A
PERSON ENTITLED TO NOTICE MAY CONSENT TO SOME ISSUES6
AND LITIGATE REMAINING ISSUES BEFORE THE COURT WITHOUT A JURY .7
16-13-1121. Exceptions to the conviction requirement. (1) T
HE8
COURT MAY WAIVE THE CONVICTION REQUIRED PURS UANT TO SECTION9
16-13-1120
AND GRANT THE TITLE OF THE SEIZED PROPERTY TO THE STATE10
IF THE PROSECUTING AUTHORITY FILES A MOTION NO FEWER THAN NINETY11
DAYS AFTER SEIZURE AND SHOWS BY A PREPONDERANCE OF THE EVIDENCE12
THAT THE DEFENDANT, BEFORE CONVICTION:13
(a) A
BANDONED THE PROPERTY ;14
(b) A
BSCONDED FROM THE JURISDICTION ;15
(c) W
AS DEPORTED BY THE UNITED STATES GOVERNMENT;16
(d) W
AS EXTRADITED TO ANOTHER STATE OR FOREIGN17
JURISDICTION; OR18
(e) D
IED.19
(2) N
OTWITHSTANDING SUBSECTION (1)(e) OF THIS SECTION, THE20
DEFENDANT'S DEATH DOES NOT PRECLUDE THE DEFENDANT 'S HEIR OR21
LEGATEE FROM FILING A CLAIM AS AN INNOCENT OWNER FOR THE SEIZED22
PROPERTY PURSUANT TO SECTION 16-13-1124.23
16-13-1122. Proportionality. (1) T
HE DEFENDANT MAY PETITION24
THE COURT TO DETERMINE WHETHER THE FORFEITURE IS25
UNCONSTITUTIONALLY EXCESSIVE UNDER THE STATE CONSTITUTION OR26
THE UNITED STATES CONSTITUTION.27
HB25-1067
-16- (2) AT THE COURT'S DISCRETION, THE COURT MAY HOLD A1
PROPORTIONALITY HEARING:2
(a) A
S A SEPARATE HEARING;3
(b) A
T THE SAME TIME AS A PROBABLE CAUSE DETERMINATION , A4
POST-ARRAIGNMENT HEARING , A SUPPRESSION HEARING, AN OMNIBUS5
HEARING, OR ANOTHER PRETRIAL HEARING;6
(c) A
T TRIAL; OR7
(d) U
PON CONVICTION.8
(3) T
HE DEFENDANT HAS THE BURDEN OF ESTABLISHING , BY A9
PREPONDERANCE OF THE EVIDENCE , THAT THE PROPERTY FORFEITURE IS10
UNCONSTITUTIONALLY EXCESSIVE UNDER THE STATE CONSTITUTION OR11
THE UNITED STATES CONSTITUTION AT A HEARING CONDUCTED BY THE12
COURT WITHOUT A JURY.13
(4) (a) A
T A HEARING PRIOR TO CONVICTION , AS ALLOWED14
PURSUANT TO SUBSECTION (2)(a), (2)(b), OR (2)(c) OF THIS SECTION, THE15
COURT FIRST MUST DETERMINE, BY A PREPONDERANCE OF THE EVIDENCE ,16
IF THE PROSECUTING AUTHORITY WILL SECURE A CONVICTION . THE COURT17
THEN MUST DETERMINE IF THE FORFEITURE IS UNCONSTITUTIONALLY18
EXCESSIVE.19
(b) A
T A HEARING ALLOWED PURSUANT TO SUBSECTION (2) OF THIS20
SECTION, THE COURT MAY CONSIDER ALL RELEVANT FACTORS TO21
DETERMINE IF THE FORFEITURE IS UNCONSTITUTIONALLY EXCESSIVE ,22
INCLUDING:23
(I) T
HE SERIOUSNESS OF THE CRIME AND ITS IMPACT ON THE24
COMMUNITY, INCLUDING THE DURATION OF THE ACTIVITY , USE OF A25
FIREARM, AND HARM CAUSED BY THE DEFENDANT ;26
(II) T
HE EXTENT TO WHICH THE DEFENDANT PARTICIPATED IN THE27
HB25-1067
-17- CRIME;1
(III) T
HE EXTENT TO WHICH THE SEIZED PROPERTY WAS INTEGRAL2
TO FACILITATING THE CRIME;3
(IV) W
HETHER THE CRIME WAS COMPLETED OR ATTEMPTED ; AND4
(V) T
HE SENTENCE OR FINE TO BE IMPOSED FOR COMMITTING THE5
CRIME.6
(5) I
N DETERMINING THE VALUE OF THE INSTRUMENTALITY7
SUBJECT TO FORFEITURE, THE COURT MAY CONSIDER ALL RELEVANT8
FACTORS RELATED TO THE FAIR MARKET VALUE OF THE PROPERTY ,9
INCLUDING INFORMATION IN A PUBLICATION REFERENCED BY THE10
PROSECUTING AUTHORITY PURSUANT TO SECTION 16-13-1112.11
(6) T
HE COURT MAY NOT CONSIDER THE BENEFIT OR VALUE TO THE12
STATE OF THE SEIZED PROPERTY IN DETERMINING WHETHER THE13
FORFEITURE IS UNCONSTITUTIONALLY EXCESSIVE .14
(7) U
PON THE COURT'S ISSUING AN ORDER TO RETURN THE15
PROPERTY, A FURTHER CLAIM BY A PROSECUTING AUTHORITY TO THE16
PROPERTY IS INVALID. THE COURT SHALL NOT ORDER THE RETURN OF17
CONTRABAND.18
16-13-1123. Secured interest holder. (1) S
EIZED PROPERTY19
ENCUMBERED BY A SECURED INTEREST HOLDER MUST NOT BE FORFEITED20
UP TO THE VALUE OF THE INTEREST. THE PROSECUTING AUTHORITY SHALL21
SUMMARILY RETURN PROPERTY TO A SECURED INTEREST HOLDER UP TO22
THE VALUE OF THE INTEREST; EXCEPT THAT THE PROSECUTING AUTHORITY23
SHALL NOT RETURN CONTRABAND .24
(2) I
F THE PROPERTY IS NOT SUMMARILY RETURNED , THE SECURED25
INTEREST HOLDER MAY MOVE THE COURT AT ANY TIME BEFORE THE COURT26
ENTERS JUDGMENT IN THE CRIMINAL PROSECUTION OR GRANTS THE27
HB25-1067
-18- MOTION DESCRIBED IN SECTION 16-13-1121 FOR THE RETURN OF THE1
PROPERTY. THE MOTION MUST INCLUDE THE SEIZURE RECEIPT NUMBER2
REQUIRED BY SECTION 16-13-1111, IF AVAILABLE.3
(3) T
HE COURT SHALL HEAR THE PETITION WITHIN THIRTY -FIVE4
DAYS AFTER THE PETITION'S FILING OR AT THE COURT'S DISCRETION. THE5
HEARING MUST BE HELD BEFORE THE COURT ALONE , WITHOUT A JURY. THE6
COURT MAY CONSOLIDATE THE HEARING ON THE PETITION WITH ANOTHER7
HEARING BEFORE THE COURT IN THE CASE .8
(4) T
HE SECURED INTEREST HOLDER MUST ALLEGE THE VALIDITY9
OF THE SECURITY INTEREST, MORTGAGE, LIEN, LEASEHOLD, LEASE, RENTAL10
AGREEMENT, OR OTHER AGREEMENT.11
(5) I
F THE SECURED INTEREST HOLDER ALLEGES A VALID INTEREST12
BUT THE PROSECUTING AUTHORITY SEEKS TO PROCEED , THE PROSECUTING13
AUTHORITY SHALL PROVE BY A PREPONDERANCE OF THE EVIDENCE THAT :14
(a) T
HE INTEREST IS INVALID;15
(b) T
HE INTEREST RESULTED FROM A FRAUDULENT TRANSFER ;16
(c) T
HE INTEREST IS HELD THROUGH A STRAW PURCHASE , TRUST,17
OR OTHER MEANS FOR THE BENEFIT OF THE DEFENDANT ; OR18
(d) T
HE SECURED INTEREST HOLDER CONSENTED TO THE USE OF19
THE SEIZED PROPERTY IN THE CRIME FOR WHICH THE DEFENDANT IS20
CHARGED.21
(6) I
F THE STATE FAILS TO MEET ITS BURDEN PURSUANT TO22
SUBSECTION (5) OF THIS SECTION, THE COURT SHALL ORDER THE STATE TO23
RELINQUISH CLAIMS TO THE SEIZED PROPERTY , UP TO THE VALUE OF THE24
INTEREST, AND RETURN THE INTEREST TO THE SECURED INTEREST HOLDER25
WITHIN FIVE DAYS OF THE COURT'S FINDING.26
(7) N
OTWITHSTANDING SUBSECTION (6) OF THIS SECTION, THE27
HB25-1067
-19- COURT MAY IMPOSE REASONABLE CONDITIONS ON THE RETURN OF THE1
SEIZED PROPERTY, INCLUDING REQUIRING PHOTOGRAPHIC EVIDENCE OF2
THE SEIZED PROPERTY, TO PRESERVE THE PROPERTY FOR LATER USE AS3
EVIDENCE IN PROCEEDINGS HELD PURSUANT TO THIS PART 11 OR THE4
RELATED CRIMINAL PROSECUTION .5
16-13-1124. Innocent owner. (1) T
HE COURT SHALL NOT FORFEIT6
SEIZED PROPERTY OF AN INNOCENT OWNER . THE PROSECUTING AUTHORITY7
SHALL SUMMARILY RETURN PROPERTY TO AN INNOCENT OWNER ; EXCEPT8
THAT THE PROSECUTING AUTHORITY SHALL NOT RETURN CONTRABAND .9
(2) I
F THE PROPERTY IS NOT SUMMARILY RETURNED , AN INNOCENT10
OWNER CLAIMANT MAY MOVE THE COURT AT ANY TIME BEFORE THE11
COURT ENTERS JUDGMENT IN THE CRIMINAL PROSECUTION OR GRANTS THE12
MOTION DESCRIBED IN SECTION 16-13-1121 FOR THE RETURN OF THE13
PROPERTY.14
(3) T
HE COURT SHALL HEAR THE INNOCENT OWNER CLAIMANT 'S15
MOTION WITHIN THIRTY-FIVE DAYS AFTER FILING OR AT THE COURT 'S16
DISCRETION. THE HEARING MUST BE HELD BEFORE THE COURT WITHOUT A17
JURY. THE COURT MAY CONSOLIDATE THE HEARING ON THE CLAIMANT 'S18
MOTION WITH ANOTHER HEARING BEFORE THE COURT IN THE CASE .19
(4) T
HE INNOCENT OWNER CLAIMANT MAY PETITION THE COURT BY20
FILING A SIMPLE STATEMENT THAT SETS FORTH :21
(a) T
HE CLAIMANT'S INTEREST OR REGULAR USE OF THE SEIZED22
PROPERTY;23
(b) T
HE TIME AND CIRCUMSTANCES OF THE CLAIMANT 'S24
ACQUISITION OF THE INTEREST IN THE PROPERTY ;25
(c) A
DDITIONAL FACTS OR EVIDENCE SUPPORTING THE CLAIMANT 'S26
CLAIM;27
HB25-1067
-20- (d) AN AFFIRMATION OF THE VALIDITY OF THE INTEREST OR1
REGULAR USE OF THE PROPERTY;2
(e) T
HE RELIEF SOUGHT BY THE CLAIMANT ; AND3
(f) T
HE SEIZURE RECEIPT NUMBER REQUIRED BY SECTION4
16-13-1111,
IF AVAILABLE.5
(5) T
HE FILING FEE FOR A CLAIMANT'S PETITION FILED PURSUANT6
TO THIS SECTION IS WAIVED.7
(6) I
F THE PROSECUTING AUTHORITY SEEKS TO PROCEED , THE8
PROSECUTING AUTHORITY SHALL PROVE BY A PREPONDERANCE OF THE9
EVIDENCE THAT THE CLAIMANT IS NOT AN INNOCENT OWNER BECAUSE :10
(a) T
HE CLAIMANT DID NOT REGULARLY USE THE SEIZED11
PROPERTY;12
(b) T
HE CLAIMANT'S INTEREST IN THE SEIZED PROPERTY IS13
INVALID;14
(c) T
HE CLAIMANT'S INTEREST IS HELD THROUGH A STRAW15
PURCHASE, TRUST, OR OTHERWISE FOR THE BENEFIT OF THE DEFENDANT ;16
(d) T
HE CLAIMANT WAS NOT A BONA FIDE PURCHASER WITHOUT17
NOTICE OF ANY DEFECT IN TITLE AND FOR VALUABLE CONSIDERATION ;18
(e) T
HE CLAIMANT CONSENTED TO THE USE OF THE PROPERTY FOR19
THE CRIME FOR WHICH THE DEFENDANT IS CHARGED ;20
(f) T
HE CLAIMANT WAS WILLFULLY BLIND TO THE CRIME FOR21
WHICH THE DEFENDANT IS CHARGED ; OR22
(g) T
HE CLAIMANT HAD ACTUAL KNOWLEDGE OF THE CRIME AND23
THE CLAIMANT DID NOT TAKE REASONABLE STEPS TO PREVENT THE USE OF24
THE SEIZED PROPERTY IN THE CRIME FOR WHICH THE DEFENDANT IS25
CHARGED; EXCEPT THAT THE CLAIMANT IS NOT REQUIRED TO TAKE STEPS26
THE CLAIMANT REASONABLY BELIEVES WOULD SUBJECT THE CLAIMANT TO27
HB25-1067
-21- PHYSICAL DANGER.1
(7) I
F THE PROSECUTING AUTHORITY FAILS TO MEET ITS BURDEN2
PURSUANT TO SUBSECTION (6) OF THIS SECTION, THE COURT SHALL ORDER3
THE STATE TO RELINQUISH ALL CLAIMS AND RETURN THE SEIZED PROPERTY4
TO THE INNOCENT OWNER WITHIN FIVE DAYS AFTER THE COURT 'S ORDER.5
(8) U
PON THE COURT ORDER, A FURTHER CLAIM BY A PROSECUTING6
AUTHORITY ON THE PROPERTY IS INVALID .7
(9) N
OTWITHSTANDING SUBSECTION (7) OF THIS SECTION, THE8
COURT MAY IMPOSE REASONABLE CONDITIONS ON THE RETURN OF THE9
SEIZED PROPERTY, INCLUDING REQUIRING PHOTOGRAPHIC EVIDENCE OF10
THE SEIZED PROPERTY, TO PRESERVE THE PROPERTY FOR LATER USE AS11
EVIDENCE IN PROCEEDINGS HELD PURSUANT TO THIS PART 11 OR THE12
RELATED CRIMINAL PROSECUTION .13
(10) (a) I
NFORMATION IN THE CLAIMANT'S STATEMENT DESCRIBED14
IN SUBSECTION (4) OF THIS SECTION MUST NOT BE USED AS EVIDENCE IN15
THE RELATED CRIMINAL PROSECUTION .16
(b) T
HIS SECTION DOES NOT PROHIBIT THE CLAIMANT FROM17
PROVIDING INFORMATION TO A PARTY OR TESTIFYING IN A TRIAL AS TO18
FACTS KNOWN BY THE CLAIMANT .19
(c) T
HE DEFENDANT OR CONVICTED OFFENDER MAY INVOKE THE20
RIGHT AGAINST SELF-INCRIMINATION, THE SPOUSAL PRIVILEGE GRANTED21
PURSUANT TO SECTION 13-90-107 (1)(a)(I), OR THE CIVIL UNION PRIVILEGE22
GRANTED PURSUANT TO SECTION 13-90-107 (1)(a.5)(I) DURING THE23
FORFEITURE PROCEEDING. THE TRIER OF FACT MAY DRAW AN ADVERSE24
INFERENCE FROM THE INVOCATION OF THE RIGHT OR PRIVILEGE .25
16-13-1125. Judgment. (1) I
F THE PROSECUTING AUTHORITY26
FAILS TO MEET ITS BURDEN IN THE CRIMINAL OR FORFEITURE PROCEEDING ,27
HB25-1067
-22- THE COURT SHALL ENTER A JUDGMENT DISMISSING THE FORFEITURE1
PROCEEDING AND ORDERING THE RETURN OF SEIZED PROPERTY TO THE2
RIGHTFUL OWNER WITHIN FIVE DAYS, UNLESS THE OWNER'S POSSESSION OF3
THE SEIZED PROPERTY IS ILLEGAL. THE COURT SHALL NOT ORDER THE4
RETURN OF CONTRABAND .5
(2) (a) I
F THE PROSECUTING AUTHORITY MEETS ITS BURDEN IN THE6
CRIMINAL AND FORFEITURE PROCEEDINGS , THE COURT SHALL ENTER A7
JUDGMENT FORFEITING THE SEIZED PROPERTY .8
(b) A
COURT MAY ENTER A JUDGMENT FOLLOWING A HEARING ,9
PURSUANT TO A STIPULATION OR PLEA AGREEMENT , OR AT THE COURT'S10
DISCRETION.11
16-13-1126. Substitution of assets. (1) U
PON THE PROSECUTING12
AUTHORITY'S MOTION FOLLOWING CONVICTION OR AT THE COURT 'S13
DISCRETION, THE COURT MAY ORDER THE FORFEITURE OF ANY SUBSTITUTE14
PROPERTY OWNED SOLELY BY THE DEFENDANT UP TO THE VALUE OF15
SEIZED PROPERTY THAT IS BEYOND THE COURT 'S JURISDICTION OR THAT16
CANNOT BE LOCATED THROUGH DUE DILIGENCE , ONLY IF THE STATE17
PROVES BY A PREPONDERANCE OF THE EVIDENCE THAT THE DEFENDANT18
INTENTIONALLY:19
(a) D
ISSIPATED THE PROPERTY;20
(b) T
RANSFERRED, SOLD, OR DEPOSITED THE PROPERTY WITH A21
THIRD PARTY TO AVOID FORFEITURE;22
(c) D
IMINISHED SUBSTANTIALLY THE VALUE OF THE PROPERTY ; OR23
(d) C
OMMINGLED PROPERTY WITH OTHER PROPERTY THAT CANNOT24
BE DIVIDED WITHOUT DIFFICULTY.25
16-13-1127. Additional remedies not allowed. T
HE STATE SHALL26
NOT SEEK PERSONAL MONEY JUDGMENTS OR OTHER REMEDIES RELATED TO27
HB25-1067
-23- THE FORFEITURE OF PROPERTY NOT PROVIDED FOR IN THIS PART 11.1
16-13-1128. No joint and several liability. A
DEFENDANT IS NOT2
JOINTLY AND SEVERALLY LIABLE FOR FORFEITURE AWARDS OWED BY3
OTHER DEFENDANTS. WHEN OWNERSHIP IS UNCLEAR, A COURT MAY ORDER4
EACH DEFENDANT TO FORFEIT PROPERTY ON A PRO RATA BASIS OR BY5
ANOTHER MEANS THE COURT FINDS EQUITABLE .6
16-13-1129. Appeals. (1) A
PARTY TO A FORFEITURE7
PROCEEDING, OTHER THAN THE DEFENDANT , MAY APPEAL THE COURT'S8
ORDER CONCERNING THE DISPOSITION OF THE PROPERTY UPON THE9
ISSUANCE OF THE ORDER PURSUANT TO THE COLORADO RULES OF CIVIL10
PROCEDURE.11
(2) T
HE DEFENDANT MAY APPEAL THE COURT 'S DECISION12
REGARDING THE SEIZURE OR FORFEITURE OF PROPERTY FOLLOWING FINAL13
JUDGMENT IN THE FORFEITURE PROCEEDING .14
16-13-1130. Attorney fees - interest. (1) I
N A PROCEEDING IN15
WHICH A PROPERTY OWNER'S CLAIM PREVAILS AND THE PROPERTY OWNER16
RECOVERS AT LEAST HALF, BY VALUE, OF THE PROPERTY OR CURRENCY17
CLAIMED, THE COURT SHALL ORDER THE SEIZING AGENCY OR PROSECUTING18
AUTHORITY AT FAULT TO PAY:19
(a) R
EASONABLE ATTORNEY FEES AND OTHER LITIGATION COSTS20
INCURRED BY THE CLAIMANT; AND21
(b) I
NTEREST ON THE VALUE OF THE PROPERTY OR CURRENCY22
RECOVERED FROM THE DATE OF SEIZURE .23
16-13-1131. Return of property - damages - costs. (1) (a) I
F24
THE COURT ORDERS THE RETURN OF SEIZED PROPERTY , THE LAW25
ENFORCEMENT AGENCY THAT HOLDS THE SEIZED PROPERTY SHALL RETURN26
THE SEIZED PROPERTY TO THE RIGHTFUL OWNER WITHIN A REASONABLE27
HB25-1067
-24- PERIOD OF TIME NOT TO EXCEED FIVE DAYS AFTER THE DATE OF THE1
ORDER. THE COURT SHALL NOT ORDER THE RETURN OF CONTRABAND .2
(b) T
HE RIGHTFUL OWNER OF THE SEIZED PROPERTY IS NOT3
SUBJECT TO EXPENSES RELATED TO TOWING , STORAGE, OR PRESERVATION4
OF THE SEIZED PROPERTY.5
(c) T
HE LAW ENFORCEMENT AGENCY THAT HOLDS THE SEIZED6
PROPERTY IS RESPONSIBLE FOR DAMAGES , STORAGE FEES, AND RELATED7
COSTS APPLICABLE TO SEIZED PROPERTY RETURNED PURSUANT TO THIS8
SECTION.9
16-13-1132. Disposition of property and proceeds. (1) T
HE10
COURT MAY ORDER CONTRABAND SOLD OR DESTROYED ACCORDING TO11
STATE LAW WHEN IT IS NO LONGER NEEDED AS EVIDENCE .12
(2) T
HE COURT MAY ORDER SEIZED PROPERTY SOLD AT ANY TIME13
WHEN THE SEIZED PROPERTY IS NO LONGER NEEDED AS EVIDENCE .14
(3) I
F FORFEITURE IS GRANTED, THE COURT MAY ORDER THE SALE15
OF FORFEITED PERSONAL AND REAL PROPERTY .16
(4) W
HEN ALL FORFEITED PROPERTY IS REDUCED TO PROCEEDS ,17
THE COURT MAY ORDER, UPON THE CONCLUSION OF ALL DIRECT APPEALS18
OR AT ITS DISCRETION, THE DISTRIBUTION OF FORFEITED PROCEEDS TO :19
(a) P
AY RESTITUTION TO THE VICTIM OF THE CRIME;20
(b) S
ATISFY SECURED INTEREST HOLDERS IN THE FORFEITED21
PROPERTY;22
(c) P
AY REASONABLE COSTS FOR THE TOWING , STORAGE,23
MAINTENANCE, REPAIRS, ADVERTISING AND SALE, AND OTHER OPERATING24
COSTS RELATED TO THE FORFEITED PROPERTY ;25
(d) R
EIMBURSE THE SEIZING LAW ENFORCEMENT AGENCY FOR26
NON-PERSONNEL OPERATING COSTS, INCLUDING CONTROLLED-DRUG BUY27
HB25-1067
-25- MONEY AND CONFIDENTIAL INFORMANTS , RELATED TO THE INVESTIGATION1
OF THE CRIME;2
(e) R
EIMBURSE THE PROSECUTING AUTHORITY , PUBLIC DEFENDER,3
OR COURT-APPOINTED ATTORNEY FOR COSTS , INCLUDING FILING FEES,4
SUBPOENAS, COURT REPORTERS, AND TRANSCRIPTS; AND5
(f) P
AY ONE PERCENT OF THE VALUE OF THE PROPERTY TO THE6
CLERK OF THE COURT FOR ADMINISTRATIVE COSTS .7
(5) A
FTER DISBURSEMENTS MADE PURSUANT TO SUBSECTION (4)8
OF THIS SECTION, THE BALANCE OF THE PROCEEDS FROM THE SALE OF9
FORFEITED PROPERTY MUST BE DELIVERED , UPON ORDER OF THE COURT,10
AS FOLLOWS:11
(a) F
IFTY PERCENT TO THE GENERAL FUND OF THE GOVERNMENTAL12
BODY OR BODIES WITH BUDGETARY AUTHORITY OVER THE SEIZING13
AGENCY FOR PUBLIC SAFETY PURPOSES OR , IF THE SEIZING AGENCY WAS A14
MULTIJURISDICTIONAL TASK FORCE, FIFTY PERCENT TO BE DISTRIBUTED IN15
ACCORDANCE WITH THE APPROPRIATE INTERGOVERNMENTAL AGREEMENT ;16
(b) T
WENTY-FIVE PERCENT TO THE BEHAVIORAL HEALTH17
ADMINISTRATIVE SERVICES ORGANIZATION CONTRACTING WITH THE18
BEHAVIORAL HEALTH ADMINISTRATION IN THE DEPARTMENT OF HUMAN19
SERVICES SERVING THE JUDICIAL DISTRICT WHERE THE FORFEITURE20
PROCEEDING WAS PROSECUTED TO FUND DETOXIFICATION AND SUBSTANCE21
USE DISORDER TREATMENT. MONEY APPROPRIATED TO THE BEHAVIORAL22
HEALTH ADMINISTRATIVE SERVICES ORGANIZATION MUST BE IN ADDITION23
TO, AND NOT USED TO SUPPLANT, OTHER FUNDING APPROPRIATED TO THE24
BEHAVIORAL HEALTH ADMINISTRATION .25
(c) T
WENTY-FIVE PERCENT TO THE LAW ENFORCEMENT26
COMMUNITY SERVICES GRANT PROGRAM FUND , CREATED PURSUANT TO27
HB25-1067
-26- SECTION 24-32-124 (5).1
16-13-1133. Sale restrictions. A
LAW ENFORCEMENT AGENCY2
SHALL NOT SELL FORFEITED PROPERTY DIRECTLY OR INDIRECTLY TO AN3
EMPLOYEE OF THE LAW ENFORCEMENT AGENCY OR TO A PERSON RELATED4
TO AN EMPLOYEE OF THE LAW ENFORCEMENT AGENCY WITHIN THE THIRD5
DEGREE OF CONSANGUINITY.6
16-13-1134. Preemption. F
ORFEITURE IS A MATTER OF7
STATEWIDE CONCERN . THIS PART 11 PREEMPTS LAWS BY A LOCAL8
GOVERNMENT IN THE STATE THAT REGULATES CIVIL AND CRIMINAL9
FORFEITURE.10
16-13-1135. Limitation on federal adoption. (1) A
STATE OR11
LOCAL LAW ENFORCEMENT AGENCY SHALL NOT TRANSFER OR OFFER FOR12
ADOPTION PROPERTY SEIZED PURS UANT TO STATE LAW TO A FEDERAL13
AGENCY FOR THE PURPOSE OF FORFEITURE PROCEEDINGS HELD PURSUANT14
TO 18 U.S.C. CHAPTER 46 OR OTHER FEDERAL LAW UNLESS THE SEIZED15
PROPERTY INCLUDES UNITED STATES CURRENCY THAT EXCEEDS FIFTY16
THOUSAND DOLLARS.17
(2) S
UBSECTION (1) OF THIS SECTION:18
(a) A
PPLIES ONLY TO A SEIZURE BY A STATE OR LOCAL LAW19
ENFORCEMENT AGENCY PURSUANT TO ITS OWN AUTHORITY UNDER STATE20
LAW AND WITHOUT INVOLVEMENT OF THE FEDERAL GOVERNMENT ; AND21
(b) D
OES NOT LIMIT STATE AND LOCAL AGENCIES FROM22
PARTICIPATING IN JOINT TASK FORCES WITH THE FEDERAL GOVERNMENT .23
(3) S
TATE AND LOCAL LAW ENFORCEMENT AGENCIES ARE24
PROHIBITED FROM ACCEPTING PAYMENT OF ANY KIND OR DISTRIBUTION OF25
FORFEITURE PROCEEDS FROM THE FEDERAL GOVERNMENT IF THE STATE OR26
LOCAL LAW ENFORCEMENT AGENCY VIOLATES SUBSECTION (1) OF THIS27
HB25-1067
-27- SECTION. ALL SUCH PROCEEDS MUST BE DIRECTED TO THE STATE 'S1
GENERAL FUND.2
16-13-1136. Limitation on state and federal joint task forces.3
(1) E
XCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION, A JOINT4
TASK FORCE OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY AND A5
FEDERAL AGENCY SHALL TRANSFER SEIZED PROPERTY TO THE6
PROSECUTING AUTHORITY FOR FORFEITURE PROCEEDINGS HELD PURSUANT7
TO THIS PART 11.8
(2) T
HE JOINT TASK FORCE MAY TRANSFER, PURSUANT TO FEDERAL9
LAW, SEIZED PROPERTY TO THE UNITED STATES DEPARTMENT OF JUSTICE10
FOR FORFEITURE IF THE SEIZED PROPERTY INCLUDES UNITED STATES11
CURRENCY THAT EXCEEDS FIFTY THOUSAND DOLLARS .12
(3) A
LAW ENFORCEMENT AGENCY IS PROHIBITED FROM ACCEPTING13
PAYMENT OR DISTRIBUTION OF ANY KIND FROM THE FEDERAL14
GOVERNMENT IF THE FEDERAL GOVERNMENT REQUIRES THAT SEIZED15
PROPERTY THAT INCLUDES UNITED STATES CURRENCY LESS THAN FIFTY16
THOUSAND DOLLARS BE TRANSFERRED TO THE FEDERAL GOVERNMENT FOR17
FORFEITURE PURSUANT TO FEDERAL LAW .18
(4) N
OTHING IN SUBSECTION (1) OR (2) OF THIS SECTION PROHIBITS19
THE FEDERAL GOVERNMENT, ACTING ALONE, FROM SEIZING PROPERTY AND20
SEEKING FORFEITURE PURSUANT TO FEDERAL LAW .21
16-13-1137. Guidance. (1) A
PROSECUTING AUTHORITY, AFTER22
CONSULTING WITH THE RESPONSIBLE UNITED STATES ATTORNEY, SHALL23
ESTABLISH GUIDELINES FOR JOINT TASK FORCES AND24
MULTIJURISDICTIONAL COLLABORATION IN THE PROSECUTING25
AUTHORITY'S JURISDICTION. THE GUIDELINES MUST BE CONSISTENT WITH26
FEDERAL SAFEGUARDS TO ENSURE THAT ACTIVITIES ARE CONDUCTED IN27
HB25-1067
-28- COMPLIANCE WITH THE UNITED STATES DEPARTMENT OF JUSTICE 'S1
POLICIES.2
(2) T
HE DEPARTMENT OF PUBLIC SAFETY MAY OFFER TRAINING ON3
SEIZURE AND FORFEITURE DESCRIBED PURSUANT TO THIS PART 11.4
SECTION 2. In Colorado Revised Statutes, repeal part 5 and part5
6 of article 13 of title 16.6
SECTION 3. In Colorado Revised Statutes, 13-80-103.8, amend7
(1) introductory portion; repeal (1)(c); and add (1)(f) as follows:8
13-80-103.8. Limitation of civil forfeiture actions related to9
criminal acts. (1) The following actions shall be commenced
MUST10
COMMENCE within five years after the cause of action accrues, and not11
thereafter:12
(c) All actions brought pursuant to part 5 of article 13 of title 16,13
C.R.S.;14
(f) A
LL ACTIONS BROUGHT PURSUANT TO PART 11 OF ARTICLE 1315
OF TITLE 16.16
SECTION 4. In Colorado Revised Statutes, 16-13-701, amend17
(3) introductory portion; repeal (2)(c)(I)(B), (2)(c)(I)(C), (3)(b), and18
(3)(c); and add (2)(c)(I)(C.5) and (3)(c.5) as follows:19
16-13-701. Reports related to seizures and forfeitures -20
legislative declaration - definitions. (2) As used in this section, unless21
the context otherwise requires:22
(c) "Reporting agency" means:23
(I) Any state or local governmental entity that employs a person,24
other than a judge or magistrate, who is authorized to effectuate a25
forfeiture of real or personal property, pursuant to:26
(B) Part 5 of this article 13, "Colorado Contraband Forfeiture
27
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(C) Part 6 of this article 13, receipt of federally forfeited property;2
or3
(C.5) P
ART 11 OF THIS ARTICLE 13; OR4
(3) This section applies to property seized under the following
5
PURSUANT TO:6
(b) Part 5 of this article 13, "Colorado Contraband Forfeiture7
Act";8
(c) Part 6 of this article 13, receipt of federally forfeited property;9
(c.5) P
ART 11 OF THIS ARTICLE 13;10
SECTION 5. In Colorado Revised Statutes, 18-17-106, amend11
(5) as follows:12
18-17-106. Civil remedies. (5) The attorney general or district13
attorney may institute civil proceedings under
PURSUANT TO this section.14
Any action instituted under PURSUANT TO this section shall MUST conform15
to the procedures set forth in part 3 or part 5 of article 13 of title 16.16
C.R.S. In any action brought under PURSUANT TO this section, the district17
court shall proceed as soon as practicable to the hearing and18
determination. Pending final determination, the district court may, at any19
time, enter such injunctions, prohibitions, or restraining orders or take20
such actions, including the acceptance of satisfactory performance bonds,21
as the court may deem DEEMS proper.22
SECTION 6. In Colorado Revised Statutes, amend 24-33.5-22523
as follows:24
24-33.5-225. Receipt of proceeds from forfeited property. The25
division of the Colorado state patrol is authorized to accept, receive, and26
expend proceeds allocated to the division after sale of forfeited property27
HB25-1067
-30- pursuant to part 5 PART 11 of article 13 of title 16, C.R.S., and such funds1
shall be ARE in addition to the moneys MONEY appropriated to the2
division by the general assembly. The executive director shall submit an3
annual report to the joint budget committee at the time the annual budget4
request is submitted providing information on the amounts received under5
PURSUANT TO this section, if any, and the uses made thereof.6
SECTION 7. In Colorado Revised Statutes, 24-33.5-522, amend7
(1)(a), (1)(b) introductory portion, and (1)(b)(I)(A) as follows:8
24-33.5-522. Law enforcement assistance grant program -9
reports. (1) (a) There THE LAW ENFORCEMENT ASSISTANCE GRANT10
PROGRAM is created in the division, the law enforcement assistance grant11
program, referred to in this section as the "grant program", to award12
grants to seizing agencies, as defined in section 16-13-301 (2.7), to13
reimburse them for money that the agency would have received, except14
for section 16-13-306.5, or 16-13-504.5 16-13-1135, OR 16-13-1136. The15
division shall administer the grant program pursuant to this section.16
Subject to available appropriations, the division shall make grant17
payments from money appropriated to the division by the general18
assembly for the program.19
(b) The executive director, or his or her THE EXECUTIVE20
DIRECTOR'S designee, shall:21
(I) Develop policies and procedures:22
(A) For seizing agencies to apply for grants up to the amount of23
money that the agency can establish that it would have received, except24
for section 16-13-306.5, or 16-13-504.5 16-13-1135, OR 16-13-1136;25
SECTION 8. In Colorado Revised Statutes, 24-33.5-1214,26
amend (5)(e) as follows:27
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standards - repeal. (5) Penalties - forfeiture. Effective July 31, 2009:2
(e) Cigarettes that have been sold or offered for sale and that do3
not comply with the performance standard required by subsection (2) of4
this section shall be ARE subject to forfeiture as provided in the "Colorado5
Contraband Forfeiture Act", part 5 "CRIMINAL ASSET FORFEITURE ACT",6
PART 11 of article 13 of title 16. C.R.S. Cigarettes forfeited pursuant to7
this paragraph (e) shall SUBSECTION (5)(e) MUST be destroyed; except8
that, before such destruction, the true holder of the trademark rights in the9
cigarette brand shall be IS permitted to inspect the cigarettes if desired.10
SECTION 9. In Colorado Revised Statutes, 28-3-1303, amend11
(2) as follows:12
28-3-1303. Drug interdiction and enforcement plan -13
requirements. (2) S
UBJECT TO THE LIMITATIONS IN SECTIONS 16-13-113514
AND 16-13-1136, AND notwithstanding any other provision of law, when15
participating in operations pursuant to the drug interdiction and16
enforcement plan required by this part 13, the National Guard shall be
IS17
considered a law enforcement agency of the state for purposes of18
accepting, receiving, disposing of, and expending the property and19
proceeds from any property forfeited to the federal government and20
allocated to the National Guard pursuant to section 16-13-601 C.R.S. 2121
U.S.C.
SEC. 881 (e).22
SECTION 10. In Colorado Revised Statutes, amend 28-3-130523
as follows:24
28-3-1305. Department of military and veterans affairs25
counterdrug program federal forfeiture fund - creation. S
UBJECT TO26
THE LIMITATIONS IN SECTIONS 16-13-1135 AND 16-13-1136, any moneys
27
HB25-1067
-32- MONEY accepted by the adjutant general pursuant to section 16-13-601,1
C.R.S., shall 21 U.S.C. SEC. 881 (e) MUST be transmitted to the state2
treasurer, who shall credit the same to the department of military and3
veterans affairs counterdrug program federal forfeiture fund, which fund4
is hereby created in the state treasury and referred to in this section as the5
"fund". All interest and income derived from the investment and deposit6
of moneys MONEY in the fund shall be IS credited to the fund. Any7
unexpended and unencumbered moneys MONEY remaining in the fund at8
the end of a fiscal year shall remain REMAINS in the fund and shall not be9
IS NOT credited or transferred to the general fund or another fund. Moneys10
M
ONEY in the fund shall be
IS continuously appropriated to the11
department for use by the adjutant general in compliance with state and12
federal law.13
SECTION 11. In Colorado Revised Statutes, 33-13-105, amend14
(3)(b) as follows:15
33-13-105. Seizure of vessels by officers - repeal.16
(3) (b) (I) Any forfeiture proceeding initiated pursuant to this section17
shall MUST be conducted in conformance with section 16-13-505, C.R.S.18
PART 11 OF ARTICLE 13 OF TITLE 16.19
(II) For purposes of applying section 16-13-505, C.R.S., PART 1120
OF ARTICLE 13 OF TITLE 16 to a seizure hearing conducted pursuant to this21
section, "contraband" "CONVEYANCE" includes any vessel seized in22
accordance with this section.23
SECTION 12. In Colorado Revised Statutes, 39-28-306, amend24
(2) as follows:25
39-28-306. Penalties and other remedies. (2) Contraband and26
seizure. Any cigarettes that have been sold, offered for sale, or possessed27
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-33- for sale in this state in violation of section 39-28-303 (3) shall be deemed1
a contraband article as defined by section 16-13-502 (1), C.R.S. The2
cigarettes shall be ARE subject to seizure and forfeiture as provided in the3
"Colorado Contraband Forfeiture Act", part 5 "CRIMINAL ASSET4
F
ORFEITURE ACT", PART 11 of article 13 of title 16, C.R.S.,
and any5
cigarettes so seized and forfeited shall MUST be destroyed and not resold.6
SECTION 13. Act subject to petition - effective date -7
applicability. (1) This act takes effect September 1, 2025; except that,8
if a referendum petition is filed pursuant to section 1 (3) of article V of9
the state constitution against this act or an item, section, or part of this act10
within the ninety-day period after final adjournment of the general11
assembly, then the act, item, section, or part will not take effect unless12
approved by the people at the general election to be held in November13
2026 and, in such case, will take effect on the date of the official14
declaration of the vote thereon by the governor.15
(2) This act applies to seizures occurring on or after the applicable16
effective date of this act.17
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