HB 1250

HOUSE BILL 26-1250
BYREPRESENTATIVE(S)DeGraafandBacon,Bradley,Brooks,Brown,
English, Garcia, Gonzalez R., Keltie, Lieder, Lindsay, Luck, Mabrey,
Marshall, Nguyen, Ricks, Sirota, Slaugh, Soper, Story, Titone, Zokaie;
also SENATOR(S) Bright and Wallace, Baisley, Amabile, Benavidez,
Bridges, Carson, Frizell, Gonzales J., Hinrichsen, Jodeh, Kipp, Kolker,
Snyder, Weissman, Zamora Wilson, Coleman.
CONCERNING PROCEDURES RELATING TO STATE ACTION RES ULTING IN THE
     RELINQUISHMENT OF PRIVATE PROPERTY, AND, IN CONNECTION
     THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
       SECTION 1. In Colorado Revised Statutes, 16-13-307, amend
(1.5), ( 1.6), ( 1. 7) introductory portion, (1. 7)(a)(II), ( 1. 7)(b ), ( 1.7)(c),
(1.7)(d), (1.7)(e), (l.7)(t), and (5) as follows:
         16-13-307. Jurisdiction - venue - parties - process.
       (1.5) No A COURT SHALL NOT ENTER judgment of forfeiture of
property in any forfeiture proceeding shall be entered unless and until an
owner of the property is convicted of an offense listed in section 16-13-301
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
or 16-13-303, or a lesser included offense of an eligible offense if the
conviction is the result of a negotiated guilty plea. Nothing in this section
shall be constmed to require REQUIRES the conviction to be obtained in the
same jurisdiction as the jurisdiction in which the forfeiture action is
brought. In the event ONE OR MORE criminal charges MUST BE FILED arising
from the same activity giving rise to the forfeiture, proceedings are filed
against any individual el aiming an inter est in the property subject to the
forfeiture proceeding, the trial and discovery phases of the for feitm e
proceeding shall be stayed by the court AND THE COURT SHALL STAY THE
FORFEITURE PROCEEDING until the disposition of the criminal charges. A
stay shall not be maintained during an appeal or post-conviction proceeding
challenging a criminal conviction. Nothing in this section shall be constrned
to prohibit or prevent PROHIBITS OR PREVENTS the parties from
contemporaneously resolving criminal charges and a forfeiture proceeding
arising from the same activity.
        (1.6) Upon acquittal or dismissal of a criminal action against a
person named in a forfeiture action related to the criminal action; unless the
forfeitme action was brought pmsuant to one or more of paragraphs (a) to
(f) ofsubsection ( 1. 7) EXCEPT THAT, IF A PROVISION OF SUBSECTION ( 1. 7) of
this section APPLIES, the forfeiture claim shall be dismissed and the seized
property shall be returned as respects the subject matter property or interest
therein of that person, if the case has been adjudicated as to all other claims,
interests, and owners, unless possession of the property is illegal. If the
forfeiture action is dismissed or judgment is entered in favor of the
claimant, the claimant shall not be IS NOT subject to any monetary charges
by the state for storage of the property or expenses incurred in the
preservation of the property, unless at the time of dismissal the plaintiff
shows that those expenses would have been incurred to prevent waste of the
property even if it had not been seized.
       (1.7) Notwithstanding the provisions of subsection (1.5) of this
section:
       (a) (II) If a person lacks standing pursuant to this paragraph (a)
SUBSECTION (1.7)(a), the forfeiture action may proceed AGAINST THE
PERSON'S INTEREST IN THE PROPERTY' and a judgment of forfeiture may be
entered without a THE PERSON'S criminal conviction, of an owner, upon
motion and notice as provided in the rules of civil procedure.
PAGE 2-HOUSE BILL 26-1250
        (b) If, following THE DISPOSITION OF THE CRIMINAL CASE AND notice
to all persons known to have an interest, or who have asserted an interest in
the property subject to forfeiture, an NO owner fails to file FILES an answer
or other appropriate pleading with the court claiming an interest in the
subject matter property, or no person establishes standing to contest the
forfeiture action pursuant to section 16-13-303 (5), a forfeiture action may
proceed and a judgment of forfeiture may be entered without a criminal
conviction of an owner.
       (c) If the plaintiff proves by clear and convincing evidence that the
property was instrumental in the commission of an offense listed in section
16-13-303 (1) or that the property is traceable proceeds of the offense or
related criminal activity by a non owner and the plaintiff proves by clear and
convincing evidence that an owner is not an innocent owner pursuant to
section 16-13-303 (5.2)(a), a judgment of forfeiture may be entered without
ONL y AFTER a criminal conviction of an owner THE NONOWNER IN THE
UNDERLYING CRIMINAL OFFENSE RELATED TO THE PROPERTY SUBJECT TO
THE FORFEITURE PROCEEDING.
       ( d) If an owner of the property who was involved in the public
nuisance act or conduct giving rise to the claim of forfeiture subsequently
dies, THE FORFEITURE ACTION MA y PROCEED AGAINST THE OWNER'S
INTEREST IN THE PROPERTY, and IF THE PLAINTIFF PROVES THAT THE
DECEASED OWNER was not an innocent owner pursuant to section 16-13-303
(5.2)(a), a judgment of forfeiture may be entered without a THE OWNER'S
criminal conviction. of an owner.
        (e) If an owner received a deferred judgment, deferred sentence, or
participated in a diversion program, or in the case of a juvenile a deferred
adjudication or deferred sentence or participated in a diversion program for
the offense, THE FORFEITURE ACTION MA y PROCEED AGAINST THE OWNER'S
INTEREST IN THE PROPERTY, AND a judgment of forfeiture may be entered
without a criminal conviction.
       (f) A defendant or claimant shall be IS permitted to waive the
requirement of a criminal conviction in order to settle a forfeiture action AS
TO THE DEFENDANT'S OR CLAIMANT'S INTEREST IN THE PROPERTY.
      (5) An action to abate a public nuisance, other than a class 4 public
nuisance, and any action in which a temporary restraining order, temporary
PAGE 3-HOUSE BILL 26-1250
writ of injunction, or preliminary injunction is requested, shall MUST be
commenced by the filing of a complaint, which shalt MUST be verified or
supported by affidavit. A summons shall MUST be issued and served as in
civil cases; except that a copy of the complaint, and copies of any orders
issued by the court at the time of filing, shall AND NOTICE OF THE ABILITY
TO ACCESS LEGAL REPRESENTATION PURSUANT TO SECTION 16-13-318 MUST
be served with the summons.
        SECTION 2. In Colorado Revised Statutes, 16-13-311, amend
(3)(a) introductory portion, (3)(a)(VII)(C), and (6); and add (3)(a)(VI.5) as
follows:
       16-13-311. Disposition of seized personal property.
         (3) (a) If the prosecution prevails in the forfeiture action, the court
shall order the property forfeited. Stteh THE COURT'S order perfects the
state's right and interest in and title to such THE property and relates back to
the date when title to the property vested in the state pursuant to section
16-13-316. Except as otherwise provided in subsection (3 )( c) of this
section, the court shall also order such THE property to be sold at a public
sale by the law enforcement agency in possession of the property in the
manner provided for sales on execution, or in another commercially
reasonable manner. Property forfeited pursuant to this section or proceeds
therefrom must be distributed or applied in the following order:
      (Vl.5) THE REMAINING PORTION OF THE BALANCE, UP TO FIFTY-FIVE
THOUSAND DOLLARS PER FISCAL YEAR, TO THE DEPARTMENT OF LOCAL
AFFAIRS CREATED IN SECTION 24-1-125 FOR GRANT AND PORTAL
ADMINISTRATION RELATED TO CIVIL ASSET FORFEITURE PROCEEDS REQUIRED
PURSUANT TO SECTION 16-13-701;
       (VII) The balance must be delivered, upon order of the court, as
follows:
        (C) Twenty-fivepercenttothelaw enfmeementeommuniey serviees
gr ant program fund, er eated pm suant to section 24-32-124 (5) FORFEITURE
DEFENSE COUNSEL FUND, CREATED IN SECTION 16-13-318 (3).
      (6) The state shall issue a certificate of title for a vehicle to the
purchaser or seizing agency if said THE vehicle is acquired pursuant to this
PAGE 4-HOUSE BILL 26-1250
part 3.
          SECTION 3.      In Colorado Revised Statutes, add 16-13-318 as
follows:
          16-13-318. Forfeiture defense counsel - fund - definitions.
      (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
      (a) "ADMINISTRATOR" MEANS THE STATE COURT ADMINISTRATOR
APPOINTED PURSUANT TO SECTION 13-3-101.
          (b)    "FORFEITURE DEFENDANT" MEANS A PERSON WHO CLAIMS AN
INTEREST IN PROPERTY SUBJECT TO A FORFEITURE PROCEEDING.
          (c)    "FORFEITURE PROCEEDING" MEANS AN ACTION TO ABATE A
PUBLICNUISANCEPURSUANTTOTHISPART3,ORANACTIONFORFORFEITURE
DESCRIBED IN PART 5 OF THIS ARTICLE 13.
          (d)    "FUND" MEANS THE FORFEITURE DEFENSE COUNSEL FUND
ESTABLISHED IN SUBSECTION (3) OF THIS SECTION.
          ( e)   "PRIVATE CONTRACTOR" MEANS THE PRIVATE CONTRACTOR
SELECTEDBYTHEADMINISTRATORPURSUANTTOSUBSECTION (3)(c) OFTHIS
SECTION.
          (2) (a) AN INDIGENT FORFEITURE DEFENDANT HAS THE ABILITY TO
ACCESS TO LEGAL REPRESENTATION UTILIZING THE FUND.
          (b) UPON A FORFEITURE DEFENDANT'S REQUEST, THE COURT SHALL
CONTINUE THE FORFEITURE PROCEEDING FOR TWENTY-ONE DAYS OR MORE
AFTER THE FORFEITURE DEFENSE COUNSEL BEGINS REPRESENTATION UNLESS
THE FORFEITURE DEFENSE COUNSEL WAIVES THE CONTINUANCE. AT ANY
TIME BEFORE THE CONTINUANCE ENDS, THE FORFEITURE DEFENDANT IS
ALLOWED TO FILE AN INITIAL OR AMENDED ANSWER OR OTHER APPROPRIATE
PLEADING TO THE COMPLAINT OR PETITION.
          ( c) A FORFEITURE DEFENDANT MAY CHOOSE TO APPOINT PRIVATE
COUNSEL FOR A FORFEITURE PROCEEDING, OR MAY CHOOSE TO REPRESENT
PAGE 5-HOUSE BILL 26-1250
THEMSELF.
     (d) THE PRIVATE CONTRACTOR SHALL, PURSUANT TO THE SERVICE
AGREEMENT ENTERED INTO PURSUANT TO SUBSECTION (3)(c) OF THIS
SECTION, PAY THE FORFEITURE DEFENSE COUNSEL AN AMOUNT NOT TO
EXCEED THREE THOUSAND FIVE HUNDRED DOLLARS FOR REPRESENTING THE
FORFEITURE DEFENDANT IN A FORFEITURE PROCEEDING UNLESS THE COURT
FINDS GOOD CAUSE FOR A HIGHER PAYMENT. IF THE COURT FINDS GOOD
CAUSE FOR A HIGHER PAYMENT, THE PRIVATE CONTRACTOR SHALL PAY THE
FORFEITURE DEFENSE COUNSEL THE AMOUNT ORDERED.
      (e)    NOTHING IN THIS SECTION PREVENTS FORFEITURE DEFENSE
COUNSEL      FROM   WITHDRAWING   REPRESENTATION    OF   AN   INDIGENT
FORFEITURE DEFENDANT IN ACCORDANCE WITH THE COLORADO RULES OF
PROFESSIONAL CONDUCT. IF A FORFEITURE DEFENSE COUNSEL WITHDRAWS
REPRESENTATION OF AN INDIGENT FORFEITURE DEFENDANT, THE COURT MAY
REQUIRE THE PRIVATE CONTRACTOR TO APPOINT ANOTHER FORFEITURE
DEFENSE COUNSEL FOR THE DEFENDANT IF THE COURT FINDS THE INTEREST
OF JUSTICE REQUIRES ANOTHER APPOINTMENT.
      (3) (a) THE FORFEITURE DEFENSE COUNSEL FUND IS CREATED IN THE
STATE TREASURY.
     (b) (I) THE FUND CONSISTS OF MONEY TRANSFERRED TO THE FUND
PURSUANT TO SECTIONS 16-13-311 AND 24-32-124 (8) AND ANY OTHER
MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO
THE FUND. THE ADMINISTRATOR MAY SEEK, ACCEPT, AND EXPEND GIFTS,
GRANTS, OR DONATIONS FROM PUBLIC OR PRIVATE SOURCES FOR THE
PURPOSES OF THIS SECTION. THE ADMINISTRATOR SHALL TRANSMIT ALL
MONEY RECEIVED FROM GIFTS, GRANTS, OR DONATIONS TO THE STATE
TREASURER, WHO SHALL CREDIT THE MONEY TO THE FUND. SUBJECT TO
ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY, THE ADMINISTRATOR
MAY EXPEND ANY STATE MONEY FROM THE FUND TO MAKE PAYMENTS TO
THE PRIVATE CONTRACTOR AND FOR DIRECT AND INDIRECT COSTS
ASSOCIATED WITH ADMINISTERING THIS SECTION. THE STATE TREASURER
SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND
INVESTMENT OF MONEY IN THE FUND TO THE FUND.
      (II)    NOTWITHSTANDING THIS SUBSECTION      (3)(b), THE FUND'S
MAXIMUM BALANCE IS FIVE HUNDRED THOUSAND DOLLARS. IF THE FUND'S
PAGE 6-HOUSE BILL 26-1250
BALANCE EXCEEDS THE MAXIMUM, THE ADMINISTRATOR SHALL TRANSMIT
THE DIFFERENCE OF THE BALANCE OF THE FUND MINUS FIVE HUNDRED
THOUSAND DOLLARS TO THE STATE TREASURER, WHO SHALL CREDIT THE
MONEY TO THE LAW ENFORCEMENT COMMUNITY SERVICES GRANT PROGRAM
FUND, CREATED PURSUANT TO SECTION 24-32-124 (5).
      (III) NOTWITHSTANDING THIS SUBSECTION (3 )(b ), BEGINNING IN THE
2027-28 STATE FISCAL YEAR, THE FUND MUST ONLY BE FUNDED THROUGH
GIFTS, GRANTS, DONATIONS, AND MONEY TRANSMITTED PURSUANT TO
SECTION 16-13-311 (3)(a)(VII)(C). THE GENERAL ASSEMBLY SHALL NOT
APPROPRIATE MONEY FROM THE GENERAL FUND TO THE FUND.
      (IV) THE SERVICE AGREEMENT BETWEEN THE ADMINISTRATOR AND
THE PRIVATE CONTRACTOR MUST BE CONTINGENT ON MONEY BEING IN THE
FUND. IF THE FUND DOES NOT HA VE.MONEY, THE GENERAL ASSEMBLY IS NOT
REQUIRED TO APPROPRIATE OR TRANSFER MONEY TO THE FUND. THE
PRIVATE CONTRACTOR IS NOT REQUIRED TO PROVIDE LEGAL DEFENSE FOR
INDIGENT CIVIL ASSET FORFEITURE DEFENDANTS IF THERE IS NO BALANCE
REMAINING FROM THE MONEY THE PRIVATE CONTRACTOR RECEIVES FROM
THE FUND.
      ( C) (I) ON OR BEFORE DECEMBER 1, 2026, THE ADMINISTRATOR
SHALL ENTER INTO A SERVICE AGREEMENT WITH A PRIVATE CONTRACTOR
WHO REGULARLY PROVIDES LEGAL SERVICES FOR INDIGENT CLIENTS OR
LITIGANTS TO PROVIDE A LEGAL DEFENSE TO A CIVIL ASSET FORFEITURE
PROCEEDING OR TO CONTRACT WITH AN ATTORNEY TO PROVIDE A LEGAL
DEFENSE TO A CIVIL ASSET FORFEITURE PROCEEDING.
      (II)    UPON ENTERING INTO AN AGREEMENT WITH A PRIVATE
CONTRACTOR, AND ON JULY        1 OF EACH YEAR THEREAFTER, THE
ADMINISTRATOR SHALL DISTRIBUTE THE UNENCUMBERED MONEY IN THE
FUND TO THE PRIVATE CONTRACTOR.
      (III)   THE PRIVATE CONTRACTOR SHALL MAINTAIN A LIST OF
QUALIFIED ATTORNEYS THAT THE PRIVATE CONTRACTOR MAY PROVIDE OR
CONTRACT WITH TO REPRESENT INDIGENT FORFEITURE DEFENDANTS. THE
PRIVATE CONTRACTOR SHALL UPDATE AND PROVIDE THE LIST FOR THE
ADMINISTRATOR OF CONTRACTED ATTORNEYS ON AN ANNUAL BASIS.
      (d) UPON REQUEST OF A FORFEITURE DEFENDANT, THE PRIVATE
PAGE 7-HOUSE BILL 26-1250
CONTRACTOR SHALL APPOINT A FORFEITURE DEFENSE COUNSEL FOR THE
FORFEITURE DEFENDANT. THE PRIVATE CONTRACTOR SHALL ROTATE THE
ATTORNEYS, AS MUCH AS IS PRACTICABLE, TO DISTRIBUTE FORFEITURE
DEFENSE COUNSEL CASES EVENLY AMONG QUALIFYING ATIORNEYS
SELECTED BY THE PRIVATE CONTRACTOR.
        (e) THE PRIVATE CONTRACTOR MAY RETAIN UNSPENT MONEY AT THE
END OF A BUDGET YEAR FOR THE PURPOSES OF PROVIDING A LEGAL DEFENSE
TO A CIVIL ASSET FORFEITURE PROCEEDING PURSUANT TO THIS SECTION.
        (f) IF THERE IS ANY UNSPENT MONEY AT THE END OF THE SERVICE
AGREEMENT, THE PRIVATE CONTRACTOR SHALL RETURN THE UNSPENT
MONEY TO THE ADMINISTRATOR. THE ADMINISTRATOR SHALL TRANSMIT ALL
MONEY RECEIVED FROM THE PRIVATE CONTRACTOR TO THE STATE
TREASURER, WHO SHALL CREDIT THE MONEY TO THE FUND.
        (4) THE PRIVATE CONTRACTOR SHALL REPORT QUARTERLY TO THE
ADMINISTRATOR THE FOLLOWING:
        (a)   THE NUMBER OF ATTORNEYS APPOINTED PURSUANT TO THIS
SECTION;
        (b) THE COSTS ASSOCIATED WITH EACH CASE;
        (c) ANY CHALLENGES OR DIFFICULTIES IN RETAINING ATIORNEYS TO
SERVE AS APPOINTED FORFEITURE DEFENSE COUNSEL; AND
        (d) THE AMOUNT OF UNSPENT MONEY THE PRIVATE CONTRACTOR
RETAINS AT THE END OF THE BUDGET YEAR.
         SECTION 4. In Colorado Revised Statutes, 16-13-505, amend
(1.5), ( 1.6), (1. 7) introductory portion, ( 1. 7)(a)(II), ( 1. 7)(b ), ( 1. 7)( c),
( 1.7)( d), ( 1. 7)( e), ( 1. 7)( f), and (3) introductory portion; and add (3 )(g) as
follows:
        16-13-505. Forfeiture proceedings.
       (1.5) No A COURT SHALL NOT ENTER judgment of forfeiture of
property in any forfeiture proceeding shall be entered unless and until an
owner of the prope11y is convicted of an offense involving the conduct
PAGE 8-HOUSE BILL 26-1250
listed in section 16-13-503, or a lesser included offense of an eligible
offense if the conviction is the result of a negotiated guilty plea. Nothing in
this section shall be constmcd to requite REQUIRES the conviction to be
obtained in the same jurisdiction as the jurisdiction in which the forfeiture
action is brought. In the C\1cnt ONE OR MORE criminal charges MUST BE
FILED arising from the same activity giving rise to the forfeiture,
prncccdings arc filed against an:y in:div idual el aiming an inter est in the
property subject to the forfcitUic proceeding, the trial and discovery phases
of the forfcitUic prncccding shall be stayed by the court AND THE COURT
SHALL STAy THE FORFEITURE PROCEEDING until the disposition of the
criminal charges. A stay shall not be maintained during an appeal or
post-conviction proceeding challenging a criminal conviction. Nothing in
this section shall be constmcd to prnhibit or prevent PROHIBITS OR
PREVENTS the parties from contemporaneously resolving criminal charges
and a forfeiture proceeding arising from the same activity.
        (1.6) Upon acquittal or dismissal of a criminal action against a
person named in a forfeiture action related to the criminal action; unless the
forfcitUic action was brnught pttisuant to one or more of paragraphs (a) to
(f) of subsection ( 1. 7) EXCEPT THAT, IF A PROVISION OF SUBSECTION ( l. 7) of
this section APPLIES, the forfeiture claim shall be dismissed and the seized
property shall be returned as respects the subject matter property or interest
therein of that person, if the case has been adjudicated as to all other claims,
interests, and owners, unless possession of the property is illegal. If the
forfeiture action is dismissed or judgment is entered in favor of the
claimant, the claimant shall not be IS NOT subject to any monetary charges
by the state for storage of the property or expenses incurred in the
preservation of the property, unless at the time of dismissal the plaintiff
shows that those expenses would have been incurred to prevent waste of the
property even if it had not been seized.
       (1.7) Notwithstanding the prnvisions of subsection (1.5) of this
section:
       (a) (11) If a person lacks standing pursuant to this paragraph (a)
SUBSECTION (l.7)(a), the forfeiture action may proceed AGAINST THE
PERSON'S INTEREST IN THE PROPERTY and a judgment of forfeiture may be
entered without a THE PERSON'S criminal conviction, of an owner, upon
motion and notice as provided in the rules of civil procedure.
PAGE 9-HOUSE BILL 26-1250
        (b) If, following THE DISPOSITION OF THE CRIMINAL CASE AND notice
to all persons known to have an interest or who have asserted an interest in
the property subject to forfeiture, an NO owner fails to file FILES an answer
or other appropriate response with the court claiming an interest in the
subject matter property, or no person establishes standing to contest the
forfeiture action pursuant to section 16-13-504 (2), a forfeiture action may
proceed and a judgment of forfeiture may be entered without a criminal
conviction of an owner.
        (c) If the plaintiff proves by clear and convincing evidence that the
property was instrumental in the commission of an offense listed in section
16-13-503 (1) or that the property is traceable proceeds of the offense or
related criminal activity by a nonowner and the plaintiff proves by clear and
convincing evidence that an owner is not an innocent owner pursuant to
section 16-13-504 (2.2), a judgment of forfeiture may be entered without
ONL y AFTER a criminal conviction of an owner THE NONOWNER IN THE
UNDERLYING CRJMINAL OFFENSE RELATED TO THE PROPERTY SUBJECT TO
THE FORFEITURE PROCEEDING.
        ( d) If an owner of the property who was involved in the public
nuisance act or conduct giving rise to the claim of forfeiture subsequently
dies, THE FORFEITURE ACTION MA y PROCEED AGAINST THE OWNER'S
INTEREST IN THE PROPERTY, and IF THE PLAINTIFF PROVES THAT THE
DECEASED OWNER was not an innocent owner pursuant to section 16-13-504
(2.2), a judgment of forfeiture may be entered without a THE OWNER'S
criminal conviction. of an owner.
       (e) If an owner received a deferred judgment, deferred sentence, or
participated in a diversion program, or in the case of a juvenile a deferred
adjudication or deferred sentence or participated in a diversion program for
the offense, THE FORFEITURE ACTION MA y PROCEED AGAINST THE OWNER'S
INTEREST IN THE PROPERTY' AND a judgment of forfeiture may be entered
without a criminal conviction.
       (f) A defendant or claimant shall be IS permitted to waive the
requirement of a criminal conviction in order to settle a forfeiture action AS
TO THE DEFENDANT'S OR CLAIMANT'S INTEREST IN THE PROPERTY.
       (3)   The citation specified in paragraph (b) of subsection (2)
SUBSECTION (2)(b) of this section shalt MUST:
PAGE IO-HOUSE BILL 26-1250
      (g) ADVISE THE DEFENDANT OF THE ABILITY TO ACCESS FORFEITURE
DEFENSE COUNSEL PURSUANT TO SECTION 16-13-318.
        SECTION 5. In Colorado Revised Statutes, 24-32-124, amend
(5)(b); and add (8) as follows:
        24-32-124. Law enforcement community services grant program
- committee - policies and procedures - fund - rules - report -
definitions.
        (5) (b) The law enforcement community services grant program
fund is created in the state treasury. The fund consists of money transferred
to the fund pursuant to section 16-13-311, SECTION 16-13-318 (3 )(b) AND
any other money that the general assembly may appropriate or transfer to
the fund and any gifts, grants, or donations received by the division. Subject
to annual appropriation by the general assembly, the division may only
expend money from the fund for the grants awarded pursuant to this section
and for up to five percent of the money in the fund for the direct and
indirect costs incurred in administering the program. Any unexpended and
unencumbered money from an appropriation made for the purposes of this
section remains available for expenditure by the division in the next fiscal
year without further appropriation.
      (8) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO
THE CONTRARY, ON JULY 1, 2026, THE STATE TREASURER SHALL TRANSFER
THE UNEXPENDED AND UNENCUMBERED MONEY IN THE LAW ENFORCEMENT
COMMUNITY SERVICES GRANT PROGRAM FUND TO THE FORFEITURE DEFENSE
COUNSEL FUND CREATED IN SECTION 16-13-318.
       SECTION 6. In Colorado Revised Statutes, 13-3-101, add (18) as
follows:
       13-3-101. State court administrator- duties - report-definitions
- repeal.
      (18)  PURSUANT TO SECTION 16-13-318, THE STATE COURT
ADMINISTRATOR SHALL CONTRACT WITH LEGAL COUNSEL THAT PROVIDES A
LEGAL DEFENSE TO A CIVIL ASSET FORFEITURE PROCEEDING OR TO CONTRACT
WITH AN ATTORNEY TO PROVIDE A LEGAL DEFENSE TO A CIVIL ASSET
FORFEITURE PROCEEDING.
PAGE 11-HOUSE BILL 26-1250
       SECTION 7. Appropriation. (1) For the 2026-27 state fiscal year,
$556,750 is appropriated to the judicial department for use by state courts
administration. This appropriation is from the forfeiture defense counsel
fund created in section 16-13-318 (3)(a), C.R.S. To implement this act, the
administration may use this appropriation for civil assets forfeiture defense
contract.
       (2) For the 2026-27 state fiscal year, $55,000 is appropriated to the
department oflocal affairs for use by the division oflocal government. This
appropriation is from the proceeds of property forfeited pursuant to section
16-13-311 (3), C.R.S., that is allocated pursuant to section 16-13-311
(3)(a)(VI.5), C.R.S. To implement this act, the division may use this
appropriation for civil asset forfeiture portal administration.
        SECTION 8. Effective date - applicability. This act takes effect
July 1, 2026, and applies to forfeiture actions commenced on or after said
date.
       SECTION 9. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 12-HOUSE BILL 26-1250
the support and maintenance of the departments of the state and state
institutions.
J ~  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
v~~
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
      APPROVED c:::»V\ 'Th~Jtt~ j'\.N\L j;t'-' 2.o:2-(p ,._+ 12.: "h,Yl\
                            (Date and Time)  - T
                Jared S.
                GOVE  LORADO
PAGE 13-HOUSE BILL 26-1250