Bill > HB1067

This bill replaces existing statutes on public abatement with a comprehensive Criminal Asset Forfeiture Act that provides detailed guidelines for seizing and forfeiting property related to drug crimes. The bill limits forfeiture to cases where a defendant is convicted of unlawful drug distribution, manufacturing, dispensing, or selling, and specifies that forfeiture is part of the criminal proceeding rather than a separate civil action. Key provisions include establishing clear definitions for terms like "innocent owner" and "instrumentality", protecting due process rights of property owners, and creating specific procedures for seizing, storing, and potentially returning property. The bill requires a conviction before most property can be forfeited and allows for judicial review to ensure the forfeiture is not unconstitutionally excessive. It also mandates that proceeds from forfeited property be distributed in specific ways, with portions going to the general fund, behavioral health services, and a law enforcement community services grant program. The bill further restricts federal involvement in asset forfeiture by limiting when state and local agencies can transfer seized property to federal authorities, aiming to prevent potential abuse of forfeiture laws while still providing law enforcement with tools to combat drug-related crimes.

Justice

https://leg.colorado.gov/bills/hb25-1067