HB26-1250: Your Opposition is Respectfully Requested

WHAT DOES THE BILL DO?

House Bill 26-1250, Procedures Related to Civil Asset Forfeiture, changes Colorado’s civil asset forfeiture process by narrowing an important existing exception that allows a forfeiture action to proceed without a conviction, requiring a forfeiture action be put on hold during any appeal or post-conviction process in the criminal case, and establishing a right to forfeiture defense counsel. The bill creates a fund to pay for such defense counsel, with the money coming from a portion of the forfeiture proceeds and by shifting $1.1 million from the law enforcement community services grant program to the defense fund. 

WHY YOU SHOULD VOTE NO

 HB26-1250 creates operational and fiscal concerns for local governments and unnecessarily limits a system that has safeguards and reporting requirements in place. 

• Narrowing the ability to conduct a forfeiture action without a criminal conviction by requiring a conviction of a nonowner in the underlying criminal offense related to the property significantly delays forfeiture cases or blocks such proceedings altogether. 
• Requiring the completion of all criminal appellate and post-conviction proceedings before allowing a forfeiture action to go forward will delay forfeiture cases for years. 
• Creating a right to defense counsel in forfeiture cases will increase litigation and extend case timelines, adding new administrative and financial demands on courts. 
• The bill diverts money from the law enforcement community services grant program, undercutting important legislative policies to support community policing.

YOUR OPPOSITION RESPECTFULLY REQUESTED 
CML respectfully requests a NO vote on HB26-1250. 

CONTACT
Owen Brigner | CML legislative & policy advocate | 419-786-9703 | obrigner@cml.org