The proposed bill, known as the "Criminal Asset Forfeiture Act," seeks to reform Colorado's asset forfeiture laws by:
Limiting Forfeiture: Forfeiture would occur only when a defendant is convicted of unlawful distribution, manufacturing, dispensing, or selling a controlled substance.
Integrating Forfeiture with Criminal Proceedings: Forfeiture proceedings would be part of the defendant's criminal case, not separate civil actions.
Defining Seizure Conditions: The bill specifies when personal property may be seized with or without process.
Establishing Seizure Procedures: It outlines duties and procedures for property seizure.
Setting Court Procedures: The bill establishes court procedures for various parties involved in forfeiture cases.
Allowing Disposition of Seized Assets: It permits the disposition of seized assets and proceeds consistent with prior law.
Limiting Federal Involvement: The bill establishes limitations on seizures involving the federal government.
These changes aim to enhance due process protections for property owners and ensure that asset forfeiture is closely tied to criminal convictions.
Summary
The bill replaces existing statutes on public abatement and instead
enacts provisions concerning criminal forfeiture. The bill:
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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;
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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;
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Establishes duties and procedures when property is seized;
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Establishes court procedures for various parties;
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Allows for the disposition of seized assets and proceeds consistent with prior law; and
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Establishes limitations on seizures involving the federal government.
