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 removing 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 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.

• Eliminating an exception that allows a forfeiture action to proceed without a criminal conviction, when there is clear and convincing evidence of the connection between property and the offense, unnecessarily delays inevitable proceedings and in certain cases eliminates the ability for a forfeiture action 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 NO VOTE IS RESPECTFULLY REQUESTED

CML respectfully requests a NO vote on HB26-1250.

CONTACT

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