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Legislative Year: 2024 Change

Bill Detail: HB24-1023

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Title Civil Forfeiture Reform
Status House Committee on Judiciary Postpone Indefinitely (02/06/2024)
Bill Subjects
  • Crimes, Corrections, & Enforcement
House Sponsors K. DeGraaf (R)
Senate Sponsors M. Baisley (R)
House Committee Judiciary
Senate Committee
Date Introduced 01/10/2024

The bill makes the following changes to forfeiture actions:
  • A forfeiture order must not be entered unless:
  • The civil complaint is filed within 90 days after the
property is seized; and
  • The plaintiff establishes that the seized property is
an instrumentality of, or proceeds derived directly
from, the crime for which the owner is convicted;
  • When feasible, the court hearing the criminal proceeding
also hears the civil forfeiture action;
  • All proceedings in the forfeiture action are stayed until a
criminal conviction is obtained;
  • Any party to a forfeiture action may appeal an order
concerning disposition of seized property except the
defendant in the criminal action, who may only appeal after
the final judgment;
  • A forfeiture order must not be entered until there is a
criminal conviction, unless a specified exception is met;
  • Any person with an interest in the seized property may
request a prompt post-seizure hearing within 14 days after
the seizure; and
  • 25% of the proceeds of a forfeiture are deposited in a new
forfeiture defense fund created in the bill rather than the
law enforcement community services grant program fund.
The bill also authorizes the judge in a forfeiture proceeding to
appoint an attorney to represent an indigent owner of an interest in seized
property. Fees and costs of the appointed attorney may be charged against
other parties to the proceeding or may come from the new forfeiture
defense fund if a party is indigent.
The bill prohibits a Colorado law enforcement agency from
transferring seized property to a federal agency for forfeiture unless the
Colorado law enforcement agency is part of a joint task force with the
federal government, and then only if the seized property includes at least
$50,000 in U.S. currency.
The bill makes conforming amendments.

Committee Reports
with Amendments
Full Text
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Fiscal Notes Fiscal Notes (02/01/2024) (most recent)  
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