HB24-1023: Civil Forfeiture Reform

• Requires civil forfeiture complaints to be filed within 90 days of property seizure and establishes that forfeiture orders cannot be entered unless the property owner is convicted of an eligible offense and the seized property is proven to be an instrumentality of or proceeds from the crime.

• Mandates that when feasible, the same judge hear both associated criminal proceedings and civil forfeiture actions, with property owners able to request transfer of forfeiture cases to the criminal court for convenience.

• Stays all forfeiture proceedings until 90 days after criminal conviction, though defendants may file responsive pleadings during the stay and cannot face default judgments for failure to respond.

• Creates a new forfeiture defense fund receiving 25% of forfeiture proceeds and authorizes courts to appoint attorneys for indigent property owners, with fees paid by other parties or from the defense fund.

• Prohibits Colorado law enforcement from transferring seized property to federal agencies for forfeiture unless part of a joint task force with the federal government and the property includes at least $50,000 in U.S. currency.