Bill > SB006

This bill, titled "Prohibit Forfeitures Without Criminal Conviction," aims to significantly reform Colorado's civil forfeiture laws, which allow law enforcement to seize property suspected of being involved in criminal activity even without a criminal conviction. The key provisions require that a court cannot enter a judgment of forfeiture unless the owner of the property is convicted of a related offense, or unless the forfeiture is agreed upon by all parties or approved by a criminal court through a plea agreement. If criminal charges are filed, the forfeiture proceedings will be paused until the criminal case is resolved, and if the criminal charges are acquitted or dismissed, the forfeiture claim will be dismissed, and the seized property must be returned unless its possession is illegal. Furthermore, the bill introduces a right for defendants or third parties to a pretrial hearing to determine the validity of a seizure, and a claimant can request the return of property if it's likely to be returned, not needed for investigation, or is the only means for a defendant to pay for legal representation. Additionally, state agencies will not be allowed to participate in federal forfeiture actions unless the value of the property exceeds $50,000 (excluding controlled substances), and any property received from federal forfeitures must be credited to the state general fund.