SB15-006 Summary

• Requires criminal conviction of property owner before forfeiture judgment in Colorado, with limited exceptions including cases where person evades jurisdiction, fails to respond to notice, or settles by agreement.

• Authorizes defendants and third parties to request pretrial hearing or writ of replevin within 30 days of seizure to challenge validity; court must grant if likely property will be returned, not needed for investigation, or is defendant's only means to pay legal fees.

• Mandates forfeiture proceedings stay pending criminal case disposition; stay cannot continue during appeals or post-conviction proceedings, but parties may resolve both simultaneously.

• Requires property return and dismissal of forfeiture claim upon acquittal or dismissal of related criminal charges; claimant not subject to state storage or preservation fees unless plaintiff proves expenses would have been incurred anyway.

• Prohibits Colorado law enforcement from participating in federal forfeiture actions unless property exceeds $50,000 in value (excluding controlled substances) and requires all federal forfeiture proceeds received be credited to state general fund.