First Regular Session

Seventy-fifth General Assembly

STATE OF COLORADO

INTRODUCED

LLS NO. 25-0067.01 Jerry Barry x4341

HOUSE BILL 25-1067

HOUSE SPONSORSHIP

DeGraaf,

SENATE SPONSORSHIP

Baisley,

House Committees	Senate Committees
Judiciary

A BILL FOR AN ACT

CONCERNING THE "CRIMINAL ASSET FORFEITURE ACT".

Bill Summary

The bill replaces existing statutes on public abatement and instead enacts provisions concerning criminal forfeiture. The bill:

! Limits forfeiture so it can occur only when a defendant is convicted of a crime of unlawful distribution, manufacturing, dispensing, or selling a controlled substance;

! Specifies that a forfeiture proceeding is not a separate civil proceeding but part of a defendant's criminal proceeding;

! Specifies when personal property may be seized with or without process;

! Establishes duties and procedures when property is seized;

! Establishes court procedures for various parties;

! Allows for the disposition of seized assets and proceeds consistent with prior law; and

! Establishes limitations on seizures involving the federal government.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. In Colorado Revised Statutes, add part 11 to article 13 of title 16 as follows:

PART 11

CRIMINAL ASSET FORFEITURE ACT

16-13-1101. Short title and application. (1) THE SHORT TITLE OF THIS PART 11 IS THE "CRIMINAL ASSET FORFEITURE ACT".

(2) THIS PART 11 APPLIES TO THE SEIZURE AND FORFEITURE OF PROPERTY USED IN AND DERIVED DIRECTLY FROM THE UNLAWFUL DISTRIBUTION, MANUFACTURING, DISPENSING, OR SALE OF CONTROLLED SUBSTANCES, AS DESCRIBED IN SECTION 18-18-405.

16-13-1102. Definitions. AS USED IN THIS PART 11, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1) "ABANDONED PROPERTY" MEANS PERSONAL PROPERTY TO WHICH A POSSESSOR RELINQUISHES ALL RIGHTS OF OWNERSHIP OR CONTROL. "ABANDONED PROPERTY" DOES NOT INCLUDE REAL PROPERTY.

(2) "ACTUAL KNOWLEDGE" MEANS DIRECT AND CLEAR AWARENESS OF INFORMATION, A FACT, OR A CONDITION.

(3) "CONTRABAND" MEANS GOODS THAT, IN THEMSELVES, ARE UNLAWFUL TO POSSESS, INCLUDING A SCHEDULED DRUG OBTAINED WITHOUT A LAWFUL PRESCRIPTION OR AN ILLEGALLY POSSESSED FIREARM.

(4) "CONVEYANCE" MEANS A DEVICE USED FOR TRANSPORTATION, INCLUDING A MOTOR VEHICLE, TRAILER, SNOWMOBILE, AIRPLANE, VESSEL, OR EQUIPMENT ATTACHED TO ONE OF THESE DEVICES. "CONVEYANCE" DOES NOT INCLUDE STOLEN PROPERTY.

(5) "INNOCENT OWNER" MEANS AN OWNER, CO-OWNER, DEFENDANT'S HEIR, OR OTHER PERSON WHO REGULARLY USES THE PROPERTY SUBJECT TO FORFEITURE, BUT WHO DOES NOT HAVE ACTUAL KNOWLEDGE OF THE USE OF THE PROPERTY IN THE CRIME THAT AUTHORIZES THE FORFEITURE OF THE PROPERTY. "INNOCENT OWNER" DOES NOT INCLUDE A DEFENDANT OR A SECURED INTEREST HOLDER.

(6) "INSTRUMENTALITY" MEANS PROPERTY OTHERWISE LAWFUL TO POSSESS THAT IS USED IN A CRIME THAT AUTHORIZES THE FORFEITURE OF THE PROPERTY. "INSTRUMENTALITY" INCLUDES LAND, BUILDINGS, CONTAINERS, CONVEYANCES, EQUIPMENT, MATERIALS, PRODUCTS, TOOLS, COMPUTERS, COMPUTER SOFTWARE, TELECOMMUNICATIONS DEVICES, FIREARMS, AMMUNITION, AND AMMUNITION- AND FIREARM-ACCESSORIES.

(7) "LAW ENFORCEMENT AGENCY" MEANS A NONFEDERAL POLICE FORCE, OR OTHER LOCAL, COUNTY, CITY AND COUNTY, OR STATE AGENCY, THAT HAS THE AUTHORITY PURSUANT TO COLORADO LAW TO ENGAGE IN SEIZURE AND FORFEITURE.

(8) "PERSONAL PROPERTY" MEANS A MOVABLE OR INTANGIBLE ASSET OF VALUE THAT IS SUBJECT TO OWNERSHIP. "PERSONAL PROPERTY" DOES NOT INCLUDE REAL PROPERTY OR PROCEEDS.

(9) "PROCEEDS" MEANS UNITED STATES CURRENCY, CURRENCY OF ANOTHER NATION, DIGITAL AND CRYPTOCURRENCY, SECURITIES, NEGOTIABLE INSTRUMENTS, OR OTHER MEANS OF EXCHANGE OBTAINED FROM THE SALE OF PROPERTY OR CONTRABAND.

(10) "PROSECUTING AUTHORITY" MEANS A MUNICIPAL ATTORNEY, SOLICITOR, DISTRICT ATTORNEY, ATTORNEY GENERAL, OR OTHER GOVERNMENT OFFICIAL LEGALLY AUTHORIZED TO PROSECUTE CRIME.

(11) "PUBLIC DEFENDER" MEANS AN ATTORNEY EMPLOYED BY OR CONTRACTED WITH THE OFFICE OF THE STATE PUBLIC DEFENDER CREATED PURSUANT TO ARTICLE 1 OF TITLE 21, THE OFFICE OF ALTERNATE DEFENSE COUNSEL CREATED PURSUANT TO ARTICLE 2 OF TITLE 21, OR A MUNICIPAL PUBLIC DEFENDER.

(12) "REAL PROPERTY" MEANS IMMOVABLE PROPERTY AND REAL ESTATE AND REALTY, INCLUDING LAND AND ANYTHING GROWING ON, ATTACHED TO, OR ERECTED ON THE LAND, SUCH AS A BUILDING.

(13) "SECURED INTEREST HOLDER" MEANS A PERSON WHO IS A SECURED CREDITOR, MORTGAGEE, LIENHOLDER, OR OTHER PERSON WHO HAS A VALID CLAIM, SECURITY INTEREST, MORTGAGE, LIEN, LEASEHOLD, OR OTHER INTEREST IN THE PROPERTY SUBJECT TO FORFEITURE. "SECURED INTEREST HOLDER" DOES NOT INCLUDE A DEFENDANT OR AN INNOCENT OWNER.

16-13-1103. Purpose. (1) THE PURPOSE OF THIS PART 11 IS TO:

(a) DETER CRIME BY REDUCING ITS ECONOMIC INCENTIVES;

(b) CONFISCATE PROPERTY USED IN VIOLATION OF LAW;

(d) PROTECT THE DUE PROCESS RIGHTS OF PROPERTY OWNERS.

16-13-1104. Jurisdiction. (1) THERE IS NO CIVIL FORFEITURE UNDER THIS PART 11.

(2) THE COURT THAT HAS JURISDICTION IN THE RELATED CRIMINAL CASE HAS JURISDICTION IN THE FORFEITURE PROCEEDING DESCRIBED PURSUANT TO THIS PART 11.

(3) A FORFEITURE PROCEEDING IS PART OF THE PROSECUTION OF THE RELATED CRIME, AND THE FORFEITURE PROCEEDING MUST FOLLOW A FINDING OF THE DEFENDANT'S GUILT OR BE CONDUCTED AT THE COURT'S DISCRETION. THE COURT SHALL CONDUCT THE FORFEITURE PROCEEDING WITHOUT A JURY.

(4) ALL FORFEITURE-RELATED MOTIONS MUST BE FILED IN THE CRIMINAL COURT WITH JURISDICTION OVER THE CRIMINAL CASE AT THE TIME OF FILING.

(5) IF THE INITIAL COURT BINDS OVER OR TRANSFERS THE CRIMINAL CASE TO ANOTHER COURT, THE INITIAL COURT SHALL TRANSFER THE FORFEITURE-RELATED MOTIONS ALONG WITH THE CRIMINAL CASE TO THE OTHER COURT. AT ITS DISCRETION, THE INITIAL COURT MAY POSTPONE A FORFEITURE-RELATED HEARING AND BIND OVER A FORFEITURE-RELATED MOTION TO ANOTHER COURT IN THE INTERESTS OF JUSTICE AND EFFICIENT USE OF GOVERNMENTAL RESOURCES.

16-13-1105. Seizure of proceeds without process. (1) PROCEEDS MAY BE SEIZED WITHOUT A COURT ORDER IF THE STATE HAS PROBABLE CAUSE TO BELIEVE THE PROCEEDS THAT ARE FORFEITABLE PURSUANT TO THIS PART 11 WERE OR MAY BE USED IN THE PURCHASE OF A CONTROLLED OR OTHER ILLEGAL SUBSTANCE OR DERIVED DIRECTLY FROM ANOTHER ILLEGAL ACTIVITY, AND:

(a) THE SEIZURE IS INCIDENT TO A LAWFUL ARREST;

(b) THE DELAY CAUSED BY THE NECESSITY OF OBTAINING A COURT ORDER AUTHORIZING SEIZURE WOULD REASONABLY RESULT IN THE REMOVAL OR DESTRUCTION OF THE PROCEEDS THAT ARE FORFEITABLE PURSUANT TO THIS PART 11;

(d) THE PROCEEDS ARE SEIZED OR IMPOUNDED AS EVIDENCE IN A CRIMINAL PROSECUTION OR INVESTIGATION INDEPENDENT OF FORFEITURE.

16-13-1106. Seizure of personal property without process. (1) PERSONAL PROPERTY SUBJECT TO FORFEITURE MAY BE SEIZED WITHOUT A COURT ORDER IF:

(a) THE SEIZURE IS INCIDENT TO A LAWFUL ARREST;

(b) THE STATE HAS PROBABLE CAUSE TO BELIEVE THE PROPERTY WAS USED OR WAS ATTEMPTED TO BE USED IN A MANNER THAT MAKES THE PROPERTY FORFEITABLE PURSUANT TO THIS PART 11;

(c) THE STATE HAS PROBABLE CAUSE TO BELIEVE THE DELAY CAUSED BY THE NECESSITY OF OBTAINING A COURT ORDER WOULD REASONABLY RESULT IN THE REMOVAL OR DESTRUCTION OF THE PROPERTY THAT IS FORFEITABLE PURSUANT TO THIS PART 11;

(d) THE PROPERTY IS THE SUBJECT OF A PRIOR AND VALID JUDGMENT OF FORFEITURE IN FAVOR OF THE STATE; OR

(e) THE PROPERTY IS SEIZED OR IMPOUNDED AS EVIDENCE IN A CRIMINAL PROSECUTION OR INVESTIGATION INDEPENDENT OF FORFEITURE.

16-13-1107. Seizure of personal property with process. AT THE REQUEST OF THE STATE, THE COURT MAY ISSUE AN EX PARTE ORDER TO SEARCH, ATTACH, SEIZE, OR SECURE PROCEEDS AND PERSONAL PROPERTY FOR WHICH FORFEITURE IS SOUGHT AND TO PROVIDE FOR THEIR CUSTODY. APPLICATION, ISSUANCE, EXECUTION, AND RETURN ARE SUBJECT TO THE LAWS OF THIS STATE AND COURT RULES.

16-13-1108. Seizure or restraint of real property with process. (1) REAL PROPERTY MUST NOT BE SEIZED OR RESTRAINED WITHOUT A COURT ORDER.

(2) A COURT MUST NOT ISSUE AN ORDER TO SEIZE OR RESTRAIN REAL PROPERTY UNLESS THE DEFENDANT AND ANY OTHER PERSON WITH A KNOWN INTEREST IN THE REAL PROPERTY RECEIVE PROPER NOTICE AND THE DEFENDANT AND ANOTHER PERSON WITH A KNOWN INTEREST IN THE PROPERTY ARE GIVEN AN OPPORTUNITY FOR A CONTESTED HEARING TO DETERMINE THE EXISTENCE OF PROBABLE CAUSE FOR THE SEIZURE.

(3) NOTICE MUST BE MADE BY PUBLICATION IF NOTICE BY PERSONAL SERVICE IS NOT SUCCESSFUL AFTER REASONABLE ATTEMPTS.

(4) THIS SECTION DOES NOT PROHIBIT A PROSECUTING AUTHORITY FROM SEEKING A LIS PENDENS OR RESTRAINING ORDER TO HINDER THE SALE OR DESTRUCTION OF REAL PROPERTY. HOWEVER, IF THE PROSECUTING AUTHORITY OBTAINS A LIS PENDENS OR RESTRAINING ORDER, THE PROSECUTING AUTHORITY SHALL NOTIFY THE DEFENDANT AND ANY OTHER PERSON WITH A KNOWN INTEREST IN THE PROPERTY WITHIN THIRTY DAYS AFTER FILING THE LIS PENDENS.

(5) APPLICATION, FILING, ISSUANCE, EXECUTION, AND RETURN OF A COURT ORDER ARE SUBJECT TO THE LAWS OF THIS STATE AND COURT RULES.

16-13-1109. Stolen property and contraband. (1) A PROPERTY RIGHT DOES NOT EXIST IN STOLEN PROPERTY OR CONTRABAND. STOLEN PROPERTY AND CONTRABAND ARE SUBJECT TO SEIZURE.

(2) STOLEN PROPERTY MUST BE RETURNED, AND CONTRABAND MUST BE DISPOSED OF ACCORDING TO THE LAWS OF THIS STATE.

(3) NOTWITHSTANDING SUBSECTION (2) OF THIS SECTION, THE COURT MAY IMPOSE REASONABLE CONDITIONS ON THE RELEASE OF STOLEN PROPERTY AND THE DISPOSAL OF CONTRABAND, INCLUDING THE USE OF PHOTOGRAPHIC EVIDENCE, TO PRESERVE THE PROPERTY FOR LATER USE AS EVIDENCE IN PROCEEDINGS HELD PURSUANT TO THIS PART 11 OR THE RELATED CRIMINAL PROSECUTION.

16-13-1110. Storing seized property and depositing seized proceeds. (1) THE SEIZING AGENCY IS RESPONSIBLE FOR PROVIDING ADEQUATE STORAGE, SECURITY, PRESERVATION, AND MAINTENANCE FOR SEIZED PROPERTY UNLESS ANOTHER AGENCY AGREES TO ACCEPT THE RESPONSIBILITY. THE COMMANDER OF A MULTIJURISDICTIONAL TASK FORCE MAY ASSIGN THIS RESPONSIBILITY TO ONE AGENCY.

(2) THE SEIZING AGENCY SHALL STORE SEIZED INSTRUMENTALITIES IN AN APPROPRIATE PLACE FOR PRESERVATION AND MAINTENANCE.

(3) THE SEIZING AGENCY SHALL DEPOSIT SEIZED PROCEEDS IN AN INTEREST-BEARING ACCOUNT PENDING THE EXHAUSTION OF APPEALS OR THE RECEIPT OF A COURT ORDER TO DISBURSE THE SEIZED PROCEEDS.

(4) NOTWITHSTANDING SUBSECTION (3) OF THIS SECTION, THE SEIZING AGENCY MAY TAKE REASONABLE ACTIONS, INCLUDING THE USE OF PHOTOGRAPHY, TO PRESERVE FOR LATER USE EVIDENCE OF THE PROCEEDS IN PROCEEDINGS HELD PURSUANT TO THIS PART 11 OR IN THE RELATED CRIMINAL PROSECUTION.

16-13-1111. Receipt. (1) AT THE TIME OF THE SEIZURE, THE LAW ENFORCEMENT OFFICER WHO SEIZES THE PROPERTY SHALL GIVE AN ITEMIZED RECEIPT TO THE PERSON WHO POSSESSES THE PROPERTY.

(2) THE ITEMIZED RECEIPT MUST BE NUMBERED FOR REFERENCE AND CONSTITUTES NOTICE OF SEIZURE.

(3) IF THE PERSON WHO POSSESSES THE PROPERTY IS NOT PRESENT WHEN THE LAW ENFORCEMENT OFFICER SEIZES THE PROPERTY, THE OFFICER SHALL LEAVE A RECEIPT IN THE PLACE WHERE THE PROPERTY WAS FOUND, IF POSSIBLE.

16-13-1112. Property exempt from seizure and forfeiture. (1) THE PROSECUTING AUTHORITY MAY ESTABLISH MINIMUM DOLLAR AMOUNTS FOR SEIZURE OF UNITED STATES CURRENCY AND MOTOR VEHICLES IN THE PROSECUTING AUTHORITY'S JURISDICTION. THE PROSECUTING AUTHORITY SHALL SET THE MINIMUMS IN THE INTERESTS OF JUSTICE AND EFFICIENT USE OF GOVERNMENT RESOURCES. THE MINIMUMS MUST BE BASED ON THE PROSECUTING AUTHORITY'S EXCLUSIVE DETERMINATION AND MAY REFLECT:

(a) THE DETERRENCE THAT MINIMUM-DOLLAR SEIZURES HAVE ON CRIME;

(b) THE CRIMINAL OFFENSES THAT INCLUDE THE SEIZURE OF PROPERTY; AND

(2) THE PROSECUTING AUTHORITY SHALL POST ON ITS WEBSITE THE PUBLICATIONS THAT LAW ENFORCEMENT AGENCIES MAY USE TO ESTABLISH THE VALUE OF A MOTOR VEHICLE IN THE PROSECUTING AUTHORITY'S JURISDICTION. THE PUBLICATIONS MAY INCLUDE THE KELLEY BLUE BOOK AND THE JD POWER/NADA OFFICIAL USED CAR GUIDE.

16-13-1113. Waivers permitted and prohibited. (1) A PERSON FROM WHOM PROPERTY IS SEIZED MAY RELINQUISH THE PERSON'S RIGHTS, INTERESTS, AND TITLE IN THE SEIZED PROPERTY BY KNOWINGLY AND VOLUNTARILY EXECUTING A WAIVER THAT IS AGREED TO BY THE PROSECUTING AUTHORITY.

(2) A WAIVER MAY BE PART OF AN AGREEMENT WITH THE PROSECUTING AUTHORITY. HOWEVER, THE PROSECUTING AUTHORITY SHALL NOT CONDITION THE INITIAL ENGAGEMENT IN PLEA NEGOTIATIONS UPON THE WAIVER OF THE PERSON'S RIGHTS, INTERESTS, AND TITLE IN THE SEIZED PROPERTY.

(3) A WAIVER EXECUTED PURSUANT TO SUBSECTIONS (1) AND (2) OF THIS SECTION IS SUBJECT TO A CLAIM BY A SECURED INTEREST HOLDER, INNOCENT OWNER, OR OTHER PERSON ENTITLED TO NOTICE PURSUANT TO SECTION 16-13-1116. THE CLAIMANT MAY CONSENT TO CERTAIN ISSUES AND REQUEST THAT THE COURT DETERMINE THE REMAINING ISSUES.

(4) A LAW ENFORCEMENT OFFICER, OTHER THAN THE PROSECUTING AUTHORITY, SHALL NOT REQUEST, INDUCE, OR REQUIRE, IN A WAIVER, A PERSON TO RELINQUISH, FOR PURPOSE OF FORFEITURE, THE PERSON'S RIGHTS, INTEREST, AND TITLE IN A PROPERTY. SUCH A WAIVER IS VOID AND INADMISSIBLE IN COURT.

16-13-1114. Title. TITLE TO THE PROPERTY SUBJECT TO FORFEITURE IS VESTED WITH THE STATE WHEN THE COURT ISSUES A FORFEITURE JUDGMENT AND RELATES BACK TO THE TIME WHEN THE LAW ENFORCEMENT AGENCY SEIZED OR RESTRAINED THE PROPERTY. TITLE TO SUBSTITUTE ASSETS IS VESTED WHEN THE COURT ISSUES AN ORDER FORFEITING SUBSTITUTE ASSETS.

16-13-1115. Counsel and pro se representation. (1) IF A PUBLIC DEFENDER OR COUNSEL APPOINTED BY THE COURT REPRESENTS A CLAIMANT-DEFENDANT IN A CRIMINAL MATTER, THE PUBLIC DEFENDER OR APPOINTED COUNSEL SHALL REPRESENT THE DEFENDANT IN THE RELATED FORFEITURE PROCEEDING.

(2) IF THE DEFENDANT OR A CLAIMANT WHO IS AN INNOCENT OWNER ENGAGES IN PRO SE REPRESENTATION IN THE FORFEITURE PROCEEDING BEFORE A JUDGE, THE JUDGE MAY EXERCISE THE JUDGE'S DISCRETION IN APPLYING THE RULES OF PLEADING, PROCEDURE, OR EVIDENCE.

16-13-1116. Notice to other known owners. (1) THE PROSECUTING AUTHORITY SHALL PERFORM A REASONABLE SEARCH OF VEHICLE REGISTRATIONS, PROPERTY RECORDS, AND OTHER PUBLIC RECORDS TO IDENTIFY A PERSON, OTHER THAN THE DEFENDANT, KNOWN TO HAVE AN INTEREST IN THE PROPERTY THAT IS SUBJECT TO FORFEITURE.

(2) THE PROSECUTING AUTHORITY OR THE PROSECUTING AUTHORITY'S DESIGNEE SHALL GIVE NOTICE TO A PERSON IDENTIFIED AS HAVING AN INTEREST IN THE PROPERTY THAT IS SUBJECT TO FORFEITURE WHO IS NOT CHARGED OR INDICTED. THE NOTICE MUST INCLUDE THE SEIZURE RECEIPT NUMBER REQUIRED PURSUANT TO SECTION 16-13-1111. THE PROSECUTING AUTHORITY OR THE PROSECUTING AUTHORITY'S DESIGNEE MAY PROVIDE NOTICE BY PUBLICATION IF NOTICE BY PERSONAL SERVICE IS NOT SUCCESSFUL AFTER REASONABLE ATTEMPTS.

(3) THE FOLLOWING LANGUAGE MUST APPEAR SUBSTANTIALLY AND CONSPICUOUSLY IN THE NOTICE:

WARNING: YOU MAY LOSE THE RIGHT TO BE HEARD IN COURT IF YOU DO NOT FILE A SIMPLE STATEMENT OF INTEREST OR OWNERSHIP PROMPTLY. YOU DO NOT HAVE TO PAY A FILING FEE TO FILE YOUR NOTICE.

(4) IF THE PROSECUTING AUTHORITY OR THE PROSECUTING AUTHORITY'S DESIGNEE DOES NOT SERVE NOTICE BY PERSONAL SERVICE OR BY PUBLICATION, AND ALL EXTENSION PERIODS HAVE EXPIRED, THE COURT SHALL ORDER THE RETURN OF THE PROPERTY WITHIN FIVE DAYS TO A CLAIMANT WHO HAS A VALID INTEREST IN THE PROPERTY AND IS ENTITLED TO NOTICE PURSUANT TO SUBSECTION (2) OF THIS SECTION. THE COURT SHALL NOT ORDER THE RETURN OF CONTRABAND.

(5) AFTER THE COURT ISSUES AN ORDER TO RETURN THE PROPERTY, A FURTHER CLAIM BY A PROSECUTING AUTHORITY TO THE PROPERTY IS INVALID.

(6) NOTWITHSTANDING SUBSECTION (4) OF THIS SECTION, THE COURT MAY IMPOSE REASONABLE CONDITIONS ON THE RETURN OF THE PROPERTY, INCLUDING THE USE OF PHOTOGRAPHIC EVIDENCE, TO PRESERVE THE PROPERTY FOR LATER USE AS EVIDENCE IN PROCEEDINGS HELD PURSUANT TO THIS PART 11 OR THE RELATED CRIMINAL PROSECUTION.

16-13-1117. Prompt post-seizure hearing - return of seized property to obtain counsel. (1) FOLLOWING SEIZURE OF PROPERTY, A DEFENDANT OR ANOTHER PERSON WITH AN INTEREST IN THE PROPERTY HAS A RIGHT TO A PROMPT POST-SEIZURE HEARING.

(2) A PERSON WITH AN INTEREST IN THE PROPERTY MAY PETITION THE COURT FOR A HEARING TO BE HELD WITHIN FOURTEEN DAYS AFTER FILING THE PETITION.

(3) AT THE COURT'S DISCRETION, IT MAY HOLD A PROMPT POST-SEIZURE HEARING:

(a) AS A SEPARATE HEARING; OR

(b) AT THE SAME TIME AS A PROBABLE CAUSE HEARING, A POST-ARRAIGNMENT HEARING, A SUPPRESSION HEARING, AN OMNIBUS HEARING, OR ANOTHER PRETRIAL HEARING.

(4) A PARTY, BY AGREEMENT OR FOR GOOD CAUSE, MAY MOVE FOR ONE EXTENSION OF THE HEARING DATE. THE PARTY MAY SUPPORT A MOTION WITH AFFIDAVITS OR OTHER SUBMISSIONS.

(5) THE COURT SHALL ORDER THE RETURN OF PROPERTY IF THE COURT FINDS:

(a) THE SEIZURE OF THE PROPERTY WAS UNCONSTITUTIONAL;

(b) A CRIMINAL CHARGE HAS NOT BEEN FILED AND NO TIME REMAINS TO FILE A CHARGE;

(d) THE GOVERNMENT'S CONTINUED POSSESSION OF A MOTOR VEHICLE WILL CAUSE SUBSTANTIAL HARDSHIP TO AN IMMEDIATE FAMILY MEMBER OF THE DEFENDANT, INCLUDING PREVENTING THE FAMILY MEMBER FROM WORKING OR INCONVENIENCING THE TRANSPORTATION OF THE FAMILY MEMBER'S CHILD.

(6) UPON THE COURT ORDER TO RETURN THE PROPERTY, A FURTHER CLAIM BY A PROSECUTING AUTHORITY TO THE PROPERTY IS INVALID. THE COURT SHALL NOT ORDER THE RETURN OF CONTRABAND.

(7) NOTWITHSTANDING SUBSECTION (5) OF THIS SECTION, THE COURT MAY IMPOSE REASONABLE CONDITIONS ON THE RETURN OF THE SEIZED PROPERTY, INCLUDING REQUIRING PHOTOGRAPHIC EVIDENCE OF THE SEIZED PROPERTY, TO PRESERVE THE PROPERTY FOR LATER USE AS EVIDENCE IN PROCEEDINGS HELD PURSUANT TO THIS PART 11 OR THE RELATED CRIMINAL PROSECUTION.

16-13-1118. Notice of proposed forfeiture. (1) IF THE STATE SEEKS FORFEITURE OF PROPERTY, THE PROSECUTING AUTHORITY SHALL FILE WITH THE COURT A NOTICE OF PROPOSED FORFEITURE. THE NOTICE MUST BE A SEPARATE DOCUMENT. THE NOTICE MUST INCLUDE:

(a) A DESCRIPTION OF THE PROPERTY SEIZED;

(b) THE TIME, DATE, AND PLACE OF THE SEIZURE;

(d) A DESCRIPTION OF HOW THE PROPERTY WAS USED IN OR DERIVED FROM THE ALLEGED CRIME.

(2) THE PROSECUTING AUTHORITY SHALL ALLEGE IN THE NOTICE THAT THE FORFEITURE OF PROPERTY MAY OCCUR AS A PROCESS AFTER THE CONVICTION OF THE CRIME FOR WHICH THE DEFENDANT IS CHARGED OR AS PART OF SENTENCING CONSIDERATION. THE COURT SHALL NOT READ THE NOTICE TO THE JURY.

(3) THE PROSECUTING AUTHORITY SHALL SERVE THE NOTICE:

(a) WITH THE INITIAL CHARGING INSTRUMENT;

(b) SEPARATELY FROM, BUT NOT LATER THAN NINETY DAYS AFTER, THE PRESENTMENT OF THE CHARGING INSTRUMENT FOR A MISDEMEANOR;

(c) NOT LATER THAN THE EARLIER OF NINETY DAYS AFTER PRESENTMENT TO A GRAND JURY OR ONE HUNDRED EIGHTY DAYS AFTER AN ARREST FOR A FELONY; OR

(d) AT THE COURT'S DISCRETION.

(4) AT THE COURT'S DISCRETION, THE COURT MAY ALLOW THE PROSECUTING AUTHORITY TO AMEND THE NOTICE AS REQUIRED IN THE INTEREST OF JUSTICE.

(5) THE COURT SHALL ORDER THE RETURN OF THE SEIZED PROPERTY TO THE OWNER IF THE PROSECUTING AUTHORITY DOES NOT FILE A CHARGING INSTRUMENT AS PROVIDED BY THE COURT'S RULES, THE PERIOD OF AN EXTENSION EXPIRES, OR THE COURT DOES NOT GRANT AN EXTENSION UNLESS A CHARGE IS NOT FILED PURSUANT TO AN AGREEMENT OR WAIVER.

(6) UPON THE COURT'S ISSUING AN ORDER TO RETURN THE PROPERTY, NO FURTHER CLAIM BY A PROSECUTING AUTHORITY TO THE PROPERTY IS VALID. THE COURT SHALL NOT ORDER THE RETURN OF CONTRABAND.

(7) NOTWITHSTANDING SUBSECTION (5) OF THIS SECTION, THE COURT MAY IMPOSE REASONABLE CONDITIONS ON THE RETURN OF THE PROPERTY, INCLUDING THE USE OF PHOTOGRAPHIC EVIDENCE, TO PRESERVE THE PROPERTY FOR LATER USE AS EVIDENCE IN ANOTHER CRIMINAL PROSECUTION.

16-13-1119. Discovery. DISCOVERY RELATED TO THE FORFEITURE PROCEEDING HELD PURSUANT TO THIS PART 11 IS SUBJECT TO THE RULES OF CRIMINAL PROCEDURE OR COURT RULES FOR GENERAL DISCOVERY.

16-13-1120. Trial - conviction required and standard of proof. (1) PROPERTY MAY BE FORFEITED IF:

(a) THE STATE SECURES A CONVICTION FOR A CRIME DESCRIBED IN SECTION 18-18-405, 18-18-406, 18-18-406.2, OR 18-18-406.9; AND

(b) THE STATE ESTABLISHES BY A PREPONDERANCE OF THE EVIDENCE THAT THE SEIZED PROPERTY IS AN INSTRUMENTALITY OF, OR IS THE PROCEEDS DERIVED DIRECTLY FROM, THE CRIME FOR WHICH THE STATE SECURED A CONVICTION.

(2) THE COURT SHALL HOLD THE FORFEITURE PROCEEDING AFTER THE DEFENDANT'S CONVICTION IN THE CRIMINAL PROSECUTION. AT ITS DISCRETION, THE COURT MAY HOLD THE FORFEITURE PROCEEDING AS SOON AS PRACTICABLE, INCLUDING CONCURRENT WITH SENTENCING. THE COURT SHALL CONDUCT THE FORFEITURE PROCEEDING WITHOUT A JURY.

(3) PROVIDED THAT ALL PERSONS ENTITLED TO NOTICE PURSUANT TO SECTION 16-13-1116 CONSENT TO THE FORFEITURE, THIS PART 11 DOES NOT PROHIBIT PROPERTY FROM BEING FORFEITED BY:

(a) A CONSENT ORDER OR PLEA AGREEMENT APPROVED BY THE COURT;

(b) A DIVERSION AGREEMENT; OR

(c) A GRANT OF IMMUNITY OR REDUCED PUNISHMENT, WITH OR WITHOUT THE FILING OF A CRIMINAL CHARGE, IN EXCHANGE FOR TESTIFYING OR ASSISTING A LAW ENFORCEMENT INVESTIGATION OR PROSECUTION.

(4) A PERSON ENTITLED TO NOTICE MAY CONSENT TO SOME ISSUES AND LITIGATE REMAINING ISSUES BEFORE THE COURT WITHOUT A JURY.

16-13-1121. Exceptions to the conviction requirement. (1) THE COURT MAY WAIVE THE CONVICTION REQUIRED PURSUANT TO SECTION 16-13-1120 AND GRANT THE TITLE OF THE SEIZED PROPERTY TO THE STATE IF THE PROSECUTING AUTHORITY FILES A MOTION NO FEWER THAN NINETY DAYS AFTER SEIZURE AND SHOWS BY A PREPONDERANCE OF THE EVIDENCE THAT THE DEFENDANT, BEFORE CONVICTION:

(a) ABANDONED THE PROPERTY;

(b) ABSCONDED FROM THE JURISDICTION;

(d) WAS EXTRADITED TO ANOTHER STATE OR FOREIGN JURISDICTION; OR

(e) DIED.

(2) NOTWITHSTANDING SUBSECTION (1)(e) OF THIS SECTION, THE DEFENDANT'S DEATH DOES NOT PRECLUDE THE DEFENDANT'S HEIR OR LEGATEE FROM FILING A CLAIM AS AN INNOCENT OWNER FOR THE SEIZED PROPERTY PURSUANT TO SECTION 16-13-1124.

16-13-1122. Proportionality. (1) THE DEFENDANT MAY PETITION THE COURT TO DETERMINE WHETHER THE FORFEITURE IS UNCONSTITUTIONALLY EXCESSIVE UNDER THE STATE CONSTITUTION OR THE UNITED STATES CONSTITUTION.

(2) AT THE COURT'S DISCRETION, THE COURT MAY HOLD A PROPORTIONALITY HEARING:

(a) AS A SEPARATE HEARING;

(b) AT THE SAME TIME AS A PROBABLE CAUSE DETERMINATION, A POST-ARRAIGNMENT HEARING, A SUPPRESSION HEARING, AN OMNIBUS HEARING, OR ANOTHER PRETRIAL HEARING;

(d) UPON CONVICTION.

(3) THE DEFENDANT HAS THE BURDEN OF ESTABLISHING, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PROPERTY FORFEITURE IS UNCONSTITUTIONALLY EXCESSIVE UNDER THE STATE CONSTITUTION OR THE UNITED STATES CONSTITUTION AT A HEARING CONDUCTED BY THE COURT WITHOUT A JURY.

(4) (a) AT A HEARING PRIOR TO CONVICTION, AS ALLOWED PURSUANT TO SUBSECTION (2)(a), (2)(b), OR (2)(c) OF THIS SECTION, THE COURT FIRST MUST DETERMINE, BY A PREPONDERANCE OF THE EVIDENCE, IF THE PROSECUTING AUTHORITY WILL SECURE A CONVICTION. THE COURT THEN MUST DETERMINE IF THE FORFEITURE IS UNCONSTITUTIONALLY EXCESSIVE.

(b) AT A HEARING ALLOWED PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE COURT MAY CONSIDER ALL RELEVANT FACTORS TO DETERMINE IF THE FORFEITURE IS UNCONSTITUTIONALLY EXCESSIVE, INCLUDING:

(I) THE SERIOUSNESS OF THE CRIME AND ITS IMPACT ON THE COMMUNITY, INCLUDING THE DURATION OF THE ACTIVITY, USE OF A FIREARM, AND HARM CAUSED BY THE DEFENDANT;

(II) THE EXTENT TO WHICH THE DEFENDANT PARTICIPATED IN THE CRIME;

(III) THE EXTENT TO WHICH THE SEIZED PROPERTY WAS INTEGRAL TO FACILITATING THE CRIME;

(IV) WHETHER THE CRIME WAS COMPLETED OR ATTEMPTED; AND

(V) THE SENTENCE OR FINE TO BE IMPOSED FOR COMMITTING THE CRIME.

(5) IN DETERMINING THE VALUE OF THE INSTRUMENTALITY SUBJECT TO FORFEITURE, THE COURT MAY CONSIDER ALL RELEVANT FACTORS RELATED TO THE FAIR MARKET VALUE OF THE PROPERTY, INCLUDING INFORMATION IN A PUBLICATION REFERENCED BY THE PROSECUTING AUTHORITY PURSUANT TO SECTION 16-13-1112.

(6) THE COURT MAY NOT CONSIDER THE BENEFIT OR VALUE TO THE STATE OF THE SEIZED PROPERTY IN DETERMINING WHETHER THE FORFEITURE IS UNCONSTITUTIONALLY EXCESSIVE.

(7) UPON THE COURT'S ISSUING AN ORDER TO RETURN THE PROPERTY, A FURTHER CLAIM BY A PROSECUTING AUTHORITY TO THE PROPERTY IS INVALID. THE COURT SHALL NOT ORDER THE RETURN OF CONTRABAND.

16-13-1123. Secured interest holder. (1) SEIZED PROPERTY ENCUMBERED BY A SECURED INTEREST HOLDER MUST NOT BE FORFEITED UP TO THE VALUE OF THE INTEREST. THE PROSECUTING AUTHORITY SHALL SUMMARILY RETURN PROPERTY TO A SECURED INTEREST HOLDER UP TO THE VALUE OF THE INTEREST; EXCEPT THAT THE PROSECUTING AUTHORITY SHALL NOT RETURN CONTRABAND.

(2) IF THE PROPERTY IS NOT SUMMARILY RETURNED, THE SECURED INTEREST HOLDER MAY MOVE THE COURT AT ANY TIME BEFORE THE COURT ENTERS JUDGMENT IN THE CRIMINAL PROSECUTION OR GRANTS THE MOTION DESCRIBED IN SECTION 16-13-1121 FOR THE RETURN OF THE PROPERTY. THE MOTION MUST INCLUDE THE SEIZURE RECEIPT NUMBER REQUIRED BY SECTION 16-13-1111, IF AVAILABLE.

(3) THE COURT SHALL HEAR THE PETITION WITHIN THIRTY-FIVE DAYS AFTER THE PETITION'S FILING OR AT THE COURT'S DISCRETION. THE HEARING MUST BE HELD BEFORE THE COURT ALONE, WITHOUT A JURY. THE COURT MAY CONSOLIDATE THE HEARING ON THE PETITION WITH ANOTHER HEARING BEFORE THE COURT IN THE CASE.

(4) THE SECURED INTEREST HOLDER MUST ALLEGE THE VALIDITY OF THE SECURITY INTEREST, MORTGAGE, LIEN, LEASEHOLD, LEASE, RENTAL AGREEMENT, OR OTHER AGREEMENT.

(5) IF THE SECURED INTEREST HOLDER ALLEGES A VALID INTEREST BUT THE PROSECUTING AUTHORITY SEEKS TO PROCEED, THE PROSECUTING AUTHORITY SHALL PROVE BY A PREPONDERANCE OF THE EVIDENCE THAT:

(a) THE INTEREST IS INVALID;

(b) THE INTEREST RESULTED FROM A FRAUDULENT TRANSFER;

(d) THE SECURED INTEREST HOLDER CONSENTED TO THE USE OF THE SEIZED PROPERTY IN THE CRIME FOR WHICH THE DEFENDANT IS CHARGED.

(6) IF THE STATE FAILS TO MEET ITS BURDEN PURSUANT TO SUBSECTION (5) OF THIS SECTION, THE COURT SHALL ORDER THE STATE TO RELINQUISH CLAIMS TO THE SEIZED PROPERTY, UP TO THE VALUE OF THE INTEREST, AND RETURN THE INTEREST TO THE SECURED INTEREST HOLDER WITHIN FIVE DAYS OF THE COURT'S FINDING.

(7) NOTWITHSTANDING SUBSECTION (6) OF THIS SECTION, THE COURT MAY IMPOSE REASONABLE CONDITIONS ON THE RETURN OF THE SEIZED PROPERTY, INCLUDING REQUIRING PHOTOGRAPHIC EVIDENCE OF THE SEIZED PROPERTY, TO PRESERVE THE PROPERTY FOR LATER USE AS EVIDENCE IN PROCEEDINGS HELD PURSUANT TO THIS PART 11 OR THE RELATED CRIMINAL PROSECUTION.

16-13-1124. Innocent owner. (1) THE COURT SHALL NOT FORFEIT SEIZED PROPERTY OF AN INNOCENT OWNER. THE PROSECUTING AUTHORITY SHALL SUMMARILY RETURN PROPERTY TO AN INNOCENT OWNER; EXCEPT THAT THE PROSECUTING AUTHORITY SHALL NOT RETURN CONTRABAND.

(2) IF THE PROPERTY IS NOT SUMMARILY RETURNED, AN INNOCENT OWNER CLAIMANT MAY MOVE THE COURT AT ANY TIME BEFORE THE COURT ENTERS JUDGMENT IN THE CRIMINAL PROSECUTION OR GRANTS THE MOTION DESCRIBED IN SECTION 16-13-1121 FOR THE RETURN OF THE PROPERTY.

(3) THE COURT SHALL HEAR THE INNOCENT OWNER CLAIMANT'S MOTION WITHIN THIRTY-FIVE DAYS AFTER FILING OR AT THE COURT'S DISCRETION. THE HEARING MUST BE HELD BEFORE THE COURT WITHOUT A JURY. THE COURT MAY CONSOLIDATE THE HEARING ON THE CLAIMANT'S MOTION WITH ANOTHER HEARING BEFORE THE COURT IN THE CASE.

(4) THE INNOCENT OWNER CLAIMANT MAY PETITION THE COURT BY FILING A SIMPLE STATEMENT THAT SETS FORTH:

(a) THE CLAIMANT'S INTEREST OR REGULAR USE OF THE SEIZED PROPERTY;

(b) THE TIME AND CIRCUMSTANCES OF THE CLAIMANT'S ACQUISITION OF THE INTEREST IN THE PROPERTY;

(d) AN AFFIRMATION OF THE VALIDITY OF THE INTEREST OR REGULAR USE OF THE PROPERTY;

(e) THE RELIEF SOUGHT BY THE CLAIMANT; AND

(f) THE SEIZURE RECEIPT NUMBER REQUIRED BY SECTION 16-13-1111, IF AVAILABLE.

(5) THE FILING FEE FOR A CLAIMANT'S PETITION FILED PURSUANT TO THIS SECTION IS WAIVED.

(6) IF THE PROSECUTING AUTHORITY SEEKS TO PROCEED, THE PROSECUTING AUTHORITY SHALL PROVE BY A PREPONDERANCE OF THE EVIDENCE THAT THE CLAIMANT IS NOT AN INNOCENT OWNER BECAUSE:

(a) THE CLAIMANT DID NOT REGULARLY USE THE SEIZED PROPERTY;

(b) THE CLAIMANT'S INTEREST IN THE SEIZED PROPERTY IS INVALID;

(d) THE CLAIMANT WAS NOT A BONA FIDE PURCHASER WITHOUT NOTICE OF ANY DEFECT IN TITLE AND FOR VALUABLE CONSIDERATION;

(e) THE CLAIMANT CONSENTED TO THE USE OF THE PROPERTY FOR THE CRIME FOR WHICH THE DEFENDANT IS CHARGED;

(f) THE CLAIMANT WAS WILLFULLY BLIND TO THE CRIME FOR WHICH THE DEFENDANT IS CHARGED; OR

(g) THE CLAIMANT HAD ACTUAL KNOWLEDGE OF THE CRIME AND THE CLAIMANT DID NOT TAKE REASONABLE STEPS TO PREVENT THE USE OF THE SEIZED PROPERTY IN THE CRIME FOR WHICH THE DEFENDANT IS CHARGED; EXCEPT THAT THE CLAIMANT IS NOT REQUIRED TO TAKE STEPS THE CLAIMANT REASONABLY BELIEVES WOULD SUBJECT THE CLAIMANT TO PHYSICAL DANGER.

(7) IF THE PROSECUTING AUTHORITY FAILS TO MEET ITS BURDEN PURSUANT TO SUBSECTION (6) OF THIS SECTION, THE COURT SHALL ORDER THE STATE TO RELINQUISH ALL CLAIMS AND RETURN THE SEIZED PROPERTY TO THE INNOCENT OWNER WITHIN FIVE DAYS AFTER THE COURT'S ORDER.

(8) UPON THE COURT ORDER, A FURTHER CLAIM BY A PROSECUTING AUTHORITY ON THE PROPERTY IS INVALID.

(9) NOTWITHSTANDING SUBSECTION (7) OF THIS SECTION, THE COURT MAY IMPOSE REASONABLE CONDITIONS ON THE RETURN OF THE SEIZED PROPERTY, INCLUDING REQUIRING PHOTOGRAPHIC EVIDENCE OF THE SEIZED PROPERTY, TO PRESERVE THE PROPERTY FOR LATER USE AS EVIDENCE IN PROCEEDINGS HELD PURSUANT TO THIS PART 11 OR THE RELATED CRIMINAL PROSECUTION.

(10) (a) INFORMATION IN THE CLAIMANT'S STATEMENT DESCRIBED IN SUBSECTION (4) OF THIS SECTION MUST NOT BE USED AS EVIDENCE IN THE RELATED CRIMINAL PROSECUTION.

(b) THIS SECTION DOES NOT PROHIBIT THE CLAIMANT FROM PROVIDING INFORMATION TO A PARTY OR TESTIFYING IN A TRIAL AS TO FACTS KNOWN BY THE CLAIMANT.

(c) THE DEFENDANT OR CONVICTED OFFENDER MAY INVOKE THE RIGHT AGAINST SELF-INCRIMINATION, THE SPOUSAL PRIVILEGE GRANTED PURSUANT TO SECTION 13-90-107 (1)(a)(I), OR THE CIVIL UNION PRIVILEGE GRANTED PURSUANT TO SECTION 13-90-107 (1)(a.5)(I) DURING THE FORFEITURE PROCEEDING. THE TRIER OF FACT MAY DRAW AN ADVERSE INFERENCE FROM THE INVOCATION OF THE RIGHT OR PRIVILEGE.

16-13-1125. Judgment. (1) IF THE PROSECUTING AUTHORITY FAILS TO MEET ITS BURDEN IN THE CRIMINAL OR FORFEITURE PROCEEDING, THE COURT SHALL ENTER A JUDGMENT DISMISSING THE FORFEITURE PROCEEDING AND ORDERING THE RETURN OF SEIZED PROPERTY TO THE RIGHTFUL OWNER WITHIN FIVE DAYS, UNLESS THE OWNER'S POSSESSION OF THE SEIZED PROPERTY IS ILLEGAL. THE COURT SHALL NOT ORDER THE RETURN OF CONTRABAND.

(2) (a) IF THE PROSECUTING AUTHORITY MEETS ITS BURDEN IN THE CRIMINAL AND FORFEITURE PROCEEDINGS, THE COURT SHALL ENTER A JUDGMENT FORFEITING THE SEIZED PROPERTY.

(b) A COURT MAY ENTER A JUDGMENT FOLLOWING A HEARING, PURSUANT TO A STIPULATION OR PLEA AGREEMENT, OR AT THE COURT'S DISCRETION.

16-13-1126. Substitution of assets. (1) UPON THE PROSECUTING AUTHORITY'S MOTION FOLLOWING CONVICTION OR AT THE COURT'S DISCRETION, THE COURT MAY ORDER THE FORFEITURE OF ANY SUBSTITUTE PROPERTY OWNED SOLELY BY THE DEFENDANT UP TO THE VALUE OF SEIZED PROPERTY THAT IS BEYOND THE COURT'S JURISDICTION OR THAT CANNOT BE LOCATED THROUGH DUE DILIGENCE, ONLY IF THE STATE PROVES BY A PREPONDERANCE OF THE EVIDENCE THAT THE DEFENDANT INTENTIONALLY:

(a) DISSIPATED THE PROPERTY;

(b) TRANSFERRED, SOLD, OR DEPOSITED THE PROPERTY WITH A THIRD PARTY TO AVOID FORFEITURE;

(d) COMMINGLED PROPERTY WITH OTHER PROPERTY THAT CANNOT BE DIVIDED WITHOUT DIFFICULTY.

16-13-1127. Additional remedies not allowed. THE STATE SHALL NOT SEEK PERSONAL MONEY JUDGMENTS OR OTHER REMEDIES RELATED TO THE FORFEITURE OF PROPERTY NOT PROVIDED FOR IN THIS PART 11.

16-13-1128. No joint and several liability. A DEFENDANT IS NOT JOINTLY AND SEVERALLY LIABLE FOR FORFEITURE AWARDS OWED BY OTHER DEFENDANTS. WHEN OWNERSHIP IS UNCLEAR, A COURT MAY ORDER EACH DEFENDANT TO FORFEIT PROPERTY ON A PRO RATA BASIS OR BY ANOTHER MEANS THE COURT FINDS EQUITABLE.

16-13-1129. Appeals. (1) A PARTY TO A FORFEITURE PROCEEDING, OTHER THAN THE DEFENDANT, MAY APPEAL THE COURT'S ORDER CONCERNING THE DISPOSITION OF THE PROPERTY UPON THE ISSUANCE OF THE ORDER PURSUANT TO THE COLORADO RULES OF CIVIL PROCEDURE.

(2) THE DEFENDANT MAY APPEAL THE COURT'S DECISION REGARDING THE SEIZURE OR FORFEITURE OF PROPERTY FOLLOWING FINAL JUDGMENT IN THE FORFEITURE PROCEEDING.

16-13-1130. Attorney fees - interest. (1) IN A PROCEEDING IN WHICH A PROPERTY OWNER'S CLAIM PREVAILS AND THE PROPERTY OWNER RECOVERS AT LEAST HALF, BY VALUE, OF THE PROPERTY OR CURRENCY CLAIMED, THE COURT SHALL ORDER THE SEIZING AGENCY OR PROSECUTING AUTHORITY AT FAULT TO PAY:

(a) REASONABLE ATTORNEY FEES AND OTHER LITIGATION COSTS INCURRED BY THE CLAIMANT; AND

(b) INTEREST ON THE VALUE OF THE PROPERTY OR CURRENCY RECOVERED FROM THE DATE OF SEIZURE.

16-13-1131. Return of property - damages - costs. (1) (a) IF THE COURT ORDERS THE RETURN OF SEIZED PROPERTY, THE LAW ENFORCEMENT AGENCY THAT HOLDS THE SEIZED PROPERTY SHALL RETURN THE SEIZED PROPERTY TO THE RIGHTFUL OWNER WITHIN A REASONABLE PERIOD OF TIME NOT TO EXCEED FIVE DAYS AFTER THE DATE OF THE ORDER. THE COURT SHALL NOT ORDER THE RETURN OF CONTRABAND.

(b) THE RIGHTFUL OWNER OF THE SEIZED PROPERTY IS NOT SUBJECT TO EXPENSES RELATED TO TOWING, STORAGE, OR PRESERVATION OF THE SEIZED PROPERTY.

(c) THE LAW ENFORCEMENT AGENCY THAT HOLDS THE SEIZED PROPERTY IS RESPONSIBLE FOR DAMAGES, STORAGE FEES, AND RELATED COSTS APPLICABLE TO SEIZED PROPERTY RETURNED PURSUANT TO THIS SECTION.

16-13-1132. Disposition of property and proceeds. (1) THE COURT MAY ORDER CONTRABAND SOLD OR DESTROYED ACCORDING TO STATE LAW WHEN IT IS NO LONGER NEEDED AS EVIDENCE.

(2) THE COURT MAY ORDER SEIZED PROPERTY SOLD AT ANY TIME WHEN THE SEIZED PROPERTY IS NO LONGER NEEDED AS EVIDENCE.

(3) IF FORFEITURE IS GRANTED, THE COURT MAY ORDER THE SALE OF FORFEITED PERSONAL AND REAL PROPERTY.

(4) WHEN ALL FORFEITED PROPERTY IS REDUCED TO PROCEEDS, THE COURT MAY ORDER, UPON THE CONCLUSION OF ALL DIRECT APPEALS OR AT ITS DISCRETION, THE DISTRIBUTION OF FORFEITED PROCEEDS TO:

(a) PAY RESTITUTION TO THE VICTIM OF THE CRIME;

(b) SATISFY SECURED INTEREST HOLDERS IN THE FORFEITED PROPERTY;

(c) PAY REASONABLE COSTS FOR THE TOWING, STORAGE, MAINTENANCE, REPAIRS, ADVERTISING AND SALE, AND OTHER OPERATING COSTS RELATED TO THE FORFEITED PROPERTY;

(d) REIMBURSE THE SEIZING LAW ENFORCEMENT AGENCY FOR NON-PERSONNEL OPERATING COSTS, INCLUDING CONTROLLED-DRUG BUY MONEY AND CONFIDENTIAL INFORMANTS, RELATED TO THE INVESTIGATION OF THE CRIME;

(e) REIMBURSE THE PROSECUTING AUTHORITY, PUBLIC DEFENDER, OR COURT-APPOINTED ATTORNEY FOR COSTS, INCLUDING FILING FEES, SUBPOENAS, COURT REPORTERS, AND TRANSCRIPTS; AND

(f) PAY ONE PERCENT OF THE VALUE OF THE PROPERTY TO THE CLERK OF THE COURT FOR ADMINISTRATIVE COSTS.

(5) AFTER DISBURSEMENTS MADE PURSUANT TO SUBSECTION (4) OF THIS SECTION, THE BALANCE OF THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY MUST BE DELIVERED, UPON ORDER OF THE COURT, AS FOLLOWS:

(a) FIFTY PERCENT TO THE GENERAL FUND OF THE GOVERNMENTAL BODY OR BODIES WITH BUDGETARY AUTHORITY OVER THE SEIZING AGENCY FOR PUBLIC SAFETY PURPOSES OR, IF THE SEIZING AGENCY WAS A MULTIJURISDICTIONAL TASK FORCE, FIFTY PERCENT TO BE DISTRIBUTED IN ACCORDANCE WITH THE APPROPRIATE INTERGOVERNMENTAL AGREEMENT;

(b) TWENTY-FIVE PERCENT TO THE BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES ORGANIZATION CONTRACTING WITH THE BEHAVIORAL HEALTH ADMINISTRATION IN THE DEPARTMENT OF HUMAN SERVICES SERVING THE JUDICIAL DISTRICT WHERE THE FORFEITURE PROCEEDING WAS PROSECUTED TO FUND DETOXIFICATION AND SUBSTANCE USE DISORDER TREATMENT. MONEY APPROPRIATED TO THE BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES ORGANIZATION MUST BE IN ADDITION TO, AND NOT USED TO SUPPLANT, OTHER FUNDING APPROPRIATED TO THE BEHAVIORAL HEALTH ADMINISTRATION.

(c) TWENTY-FIVE PERCENT TO THE LAW ENFORCEMENT COMMUNITY SERVICES GRANT PROGRAM FUND, CREATED PURSUANT TO SECTION 24-32-124 (5).

16-13-1133. Sale restrictions. A LAW ENFORCEMENT AGENCY SHALL NOT SELL FORFEITED PROPERTY DIRECTLY OR INDIRECTLY TO AN EMPLOYEE OF THE LAW ENFORCEMENT AGENCY OR TO A PERSON RELATED TO AN EMPLOYEE OF THE LAW ENFORCEMENT AGENCY WITHIN THE THIRD DEGREE OF CONSANGUINITY.

16-13-1134. Preemption. FORFEITURE IS A MATTER OF STATEWIDE CONCERN. THIS PART 11 PREEMPTS LAWS BY A LOCAL GOVERNMENT IN THE STATE THAT REGULATES CIVIL AND CRIMINAL FORFEITURE.

16-13-1135. Limitation on federal adoption. (1) A STATE OR LOCAL LAW ENFORCEMENT AGENCY SHALL NOT TRANSFER OR OFFER FOR ADOPTION PROPERTY SEIZED PURSUANT TO STATE LAW TO A FEDERAL AGENCY FOR THE PURPOSE OF FORFEITURE PROCEEDINGS HELD PURSUANT TO 18 U.S.C. CHAPTER 46 OR OTHER FEDERAL LAW UNLESS THE SEIZED PROPERTY INCLUDES UNITED STATES CURRENCY THAT EXCEEDS FIFTY THOUSAND DOLLARS.

(2) SUBSECTION (1) OF THIS SECTION:

(a) APPLIES ONLY TO A SEIZURE BY A STATE OR LOCAL LAW ENFORCEMENT AGENCY PURSUANT TO ITS OWN AUTHORITY UNDER STATE LAW AND WITHOUT INVOLVEMENT OF THE FEDERAL GOVERNMENT; AND

(b) DOES NOT LIMIT STATE AND LOCAL AGENCIES FROM PARTICIPATING IN JOINT TASK FORCES WITH THE FEDERAL GOVERNMENT.

(3) STATE AND LOCAL LAW ENFORCEMENT AGENCIES ARE PROHIBITED FROM ACCEPTING PAYMENT OF ANY KIND OR DISTRIBUTION OF FORFEITURE PROCEEDS FROM THE FEDERAL GOVERNMENT IF THE STATE OR LOCAL LAW ENFORCEMENT AGENCY VIOLATES SUBSECTION (1) OF THIS SECTION. ALL SUCH PROCEEDS MUST BE DIRECTED TO THE STATE'S GENERAL FUND.

16-13-1136. Limitation on state and federal joint task forces. (1) EXCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION, A JOINT TASK FORCE OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY AND A FEDERAL AGENCY SHALL TRANSFER SEIZED PROPERTY TO THE PROSECUTING AUTHORITY FOR FORFEITURE PROCEEDINGS HELD PURSUANT TO THIS PART 11.

(2) THE JOINT TASK FORCE MAY TRANSFER, PURSUANT TO FEDERAL LAW, SEIZED PROPERTY TO THE UNITED STATES DEPARTMENT OF JUSTICE FOR FORFEITURE IF THE SEIZED PROPERTY INCLUDES UNITED STATES CURRENCY THAT EXCEEDS FIFTY THOUSAND DOLLARS.

(3) A LAW ENFORCEMENT AGENCY IS PROHIBITED FROM ACCEPTING PAYMENT OR DISTRIBUTION OF ANY KIND FROM THE FEDERAL GOVERNMENT IF THE FEDERAL GOVERNMENT REQUIRES THAT SEIZED PROPERTY THAT INCLUDES UNITED STATES CURRENCY LESS THAN FIFTY THOUSAND DOLLARS BE TRANSFERRED TO THE FEDERAL GOVERNMENT FOR FORFEITURE PURSUANT TO FEDERAL LAW.

(4) NOTHING IN SUBSECTION (1) OR (2) OF THIS SECTION PROHIBITS THE FEDERAL GOVERNMENT, ACTING ALONE, FROM SEIZING PROPERTY AND SEEKING FORFEITURE PURSUANT TO FEDERAL LAW.

16-13-1137. Guidance. (1) A PROSECUTING AUTHORITY, AFTER CONSULTING WITH THE RESPONSIBLE UNITED STATES ATTORNEY, SHALL ESTABLISH GUIDELINES FOR JOINT TASK FORCES AND MULTIJURISDICTIONAL COLLABORATION IN THE PROSECUTING AUTHORITY'S JURISDICTION. THE GUIDELINES MUST BE CONSISTENT WITH FEDERAL SAFEGUARDS TO ENSURE THAT ACTIVITIES ARE CONDUCTED IN COMPLIANCE WITH THE UNITED STATES DEPARTMENT OF JUSTICE'S POLICIES.

(2) THE DEPARTMENT OF PUBLIC SAFETY MAY OFFER TRAINING ON SEIZURE AND FORFEITURE DESCRIBED PURSUANT TO THIS PART 11.

SECTION 2. In Colorado Revised Statutes, repeal part 5 and part 6 of article 13 of title 16.

SECTION 3. In Colorado Revised Statutes, 13-80-103.8, amend (1) introductory portion; repeal (1)(c); and add (1)(f) as follows:

13-80-103.8. Limitation of civil forfeiture actions related to criminal acts. (1) The following actions ~~shall be commenced~~ MUST COMMENCE within five years after the cause of action accrues, and not thereafter:

(f) ALL ACTIONS BROUGHT PURSUANT TO PART 11 OF ARTICLE 13 OF TITLE 16.

SECTION 4. In Colorado Revised Statutes, 16-13-701, amend (3) introductory portion; repeal (2)(c)(I)(B), (2)(c)(I)(C), (3)(b), and (3)(c); and add (2)(c)(I)(C.5) and (3)(c.5) as follows:

16-13-701. Reports related to seizures and forfeitures - legislative declaration - definitions. (2) As used in this section, unless the context otherwise requires:

(I) Any state or local governmental entity that employs a person, other than a judge or magistrate, who is authorized to effectuate a forfeiture of real or personal property, pursuant to:

(B) ~~Part 5 of this article 13, "Colorado Contraband Forfeiture Act";~~

(C.5) PART 11 OF THIS ARTICLE 13; OR

(3) This section applies to property seized under the following PURSUANT TO:

(b) ~~Part 5 of this article 13, "Colorado Contraband Forfeiture Act";~~

(c.5) PART 11 OF THIS ARTICLE 13;

SECTION 5. In Colorado Revised Statutes, 18-17-106, amend (5) as follows:

18-17-106. Civil remedies. (5) The attorney general or district attorney may institute civil proceedings ~~under~~ PURSUANT TO this section. Any action instituted ~~under~~ PURSUANT TO this section ~~shall~~ MUST conform to the procedures set forth in part 3 ~~or part 5~~ of article 13 of title 16. ~~C.R.S.~~ In any action brought ~~under~~ PURSUANT TO this section, the district court shall proceed as soon as practicable to the hearing and determination. Pending final determination, the district court may, at any time, enter such injunctions, prohibitions, or restraining orders or take such actions, including the acceptance of satisfactory performance bonds, as the court ~~may deem~~ DEEMS proper.

SECTION 6. In Colorado Revised Statutes, amend 24-33.5-225 as follows:

24-33.5-225. Receipt of proceeds from forfeited property. The division of the Colorado state patrol is authorized to accept, receive, and expend proceeds allocated to the division after sale of forfeited property pursuant to ~~part 5~~ PART 11 of article 13 of title 16, ~~C.R.S.,~~ and such funds ~~shall be~~ ARE in addition to the ~~moneys~~ MONEY appropriated to the division by the general assembly. The executive director shall submit an annual report to the joint budget committee at the time the annual budget request is submitted providing information on the amounts received ~~under~~ PURSUANT TO this section, if any, and the uses made thereof.

SECTION 7. In Colorado Revised Statutes, 24-33.5-522, amend (1)(a), (1)(b) introductory portion, and (1)(b)(I)(A) as follows:

24-33.5-522. Law enforcement assistance grant program - reports. (1) (a) ~~There~~ THE LAW ENFORCEMENT ASSISTANCE GRANT PROGRAM is created in the division, ~~the law enforcement assistance grant program,~~ referred to in this section as the "grant program", to award grants to seizing agencies, as defined in section 16-13-301 (2.7), to reimburse them for money that the agency would have received, except for section 16-13-306.5, ~~or 16-13-504.5~~ 16-13-1135, OR 16-13-1136. The division shall administer the grant program pursuant to this section. Subject to available appropriations, the division shall make grant payments from money appropriated to the division by the general assembly for the program.

(b) The executive director, or ~~his or her~~ THE EXECUTIVE DIRECTOR'S designee, shall:

(I) Develop policies and procedures:

(A) For seizing agencies to apply for grants up to the amount of money that the agency can establish that it would have received, except for section 16-13-306.5, ~~or 16-13-504.5~~ 16-13-1135, OR 16-13-1136;

SECTION 8. In Colorado Revised Statutes, 24-33.5-1214, amend (5)(e) as follows:

24-33.5-1214. Cigarettes - reduced ignition propensity standards - repeal. (5) Penalties - forfeiture. Effective July 31, 2009:

(e) Cigarettes that have been sold or offered for sale and that do not comply with the performance standard required by subsection (2) of this section ~~shall be~~ ARE subject to forfeiture as provided in the ~~"Colorado Contraband Forfeiture Act", part 5~~ "CRIMINAL ASSET FORFEITURE ACT", PART 11 of article 13 of title 16. ~~C.R.S.~~ Cigarettes forfeited pursuant to this ~~paragraph (e) shall~~ SUBSECTION (5)(e) MUST be destroyed; except that, before ~~such~~ destruction, the true holder of the trademark rights in the cigarette brand ~~shall be~~ IS permitted to inspect the cigarettes if desired.

SECTION 9. In Colorado Revised Statutes, 28-3-1303, amend (2) as follows:

28-3-1303. Drug interdiction and enforcement plan - requirements. (2) SUBJECT TO THE LIMITATIONS IN SECTIONS 16-13-1135 AND 16-13-1136, AND notwithstanding any other provision of law, when participating in operations pursuant to the drug interdiction and enforcement plan required by this part 13, the National Guard ~~shall be~~ IS considered a law enforcement agency of the state for purposes of accepting, receiving, disposing of, and expending the property and proceeds from any property forfeited to the federal government and allocated to the National Guard pursuant to ~~section 16-13-601 C.R.S.~~ 21 U.S.C. SEC. 881 (e).

SECTION 10. In Colorado Revised Statutes, amend 28-3-1305 as follows:

28-3-1305. Department of military and veterans affairs counterdrug program federal forfeiture fund - creation. SUBJECT TO THE LIMITATIONS IN SECTIONS 16-13-1135 AND 16-13-1136, any ~~moneys~~ MONEY accepted by the adjutant general pursuant to ~~section 16-13-601, C.R.S., shall~~ 21 U.S.C. SEC. 881 (e) MUST be transmitted to the state treasurer, who shall credit the same to the department of military and veterans affairs counterdrug program federal forfeiture fund, which fund is ~~hereby~~ created in the state treasury and referred to in this section as the "fund". All interest and income derived from the investment and deposit of ~~moneys~~ MONEY in the fund ~~shall be~~ IS credited to the fund. Any unexpended and unencumbered ~~moneys~~ MONEY remaining in the fund at the end of a fiscal year ~~shall remain~~ REMAINS in the fund and ~~shall not be~~ IS NOT credited or transferred to the general fund or another fund. ~~Moneys~~ MONEY in the fund ~~shall be~~ IS continuously appropriated to the department for use by the adjutant general in compliance with state and federal law.

SECTION 11. In Colorado Revised Statutes, 33-13-105, amend (3)(b) as follows:

33-13-105. Seizure of vessels by officers - repeal. (3) (b) (I) Any forfeiture proceeding initiated pursuant to this section ~~shall~~ MUST be conducted in conformance with ~~section 16-13-505, C.R.S.~~ PART 11 OF ARTICLE 13 OF TITLE 16.

(II) For purposes of applying ~~section 16-13-505, C.R.S.,~~ PART 11 OF ARTICLE 13 OF TITLE 16 to a seizure hearing conducted pursuant to this section, ~~"contraband"~~ "CONVEYANCE" includes any vessel seized in accordance with this section.

SECTION 12. In Colorado Revised Statutes, 39-28-306, amend (2) as follows:

39-28-306. Penalties and other remedies. (2) Contraband and seizure. Any cigarettes that have been sold, offered for sale, or possessed for sale in this state in violation of section 39-28-303 (3) ~~shall be deemed a contraband article as defined by section 16-13-502 (1), C.R.S. The cigarettes shall be~~ ARE subject to seizure and forfeiture as provided in the ~~"Colorado Contraband Forfeiture Act", part 5~~ "CRIMINAL ASSET FORFEITURE ACT", PART 11 of article 13 of title 16, ~~C.R.S.,~~ and any cigarettes so seized and forfeited ~~shall~~ MUST be destroyed and not resold.

SECTION 13. Act subject to petition - effective date - applicability. (1) This act takes effect September 1, 2025; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within the ninety-day period after final adjournment of the general assembly, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

(2) This act applies to seizures occurring on or after the applicable effective date of this act.

Colorado H 1067

Criminal Asset Forfeiture

2025 CO H 1067

Colorado H 1067

Criminal Asset Forfeiture

2025 CO H 1067