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Colorado Rights Blog

SB17-136: Reporting And Limiting Civil Forfeiture

Criminal Justice
Bill Number: SB17-136
Year: 2017
ACLU Position: Active Support
Sponsors: S. Humphrey / L. Herod / T. Neville / D. Kagan

Description:

The bill requires the division of criminal justice in the department
of public safety (division) to establish and maintain a website containing:
• Specified information on each criminal forfeiture involving
property; and
• Specified information on how each governmental agency
that received proceeds from forfeitures used those
proceeds.
The bill requires each governmental agency involved in seizing
property under forfeiture statutes (seizing agency) to update the
information posted on the division’s website and establishes consequences
if a seizing agency fails to update the website in a timely manner.
The executive director of the department of public safety
(executive director) is authorized to adopt rules concerning the website.
The state auditor is required to annually perform a financial audit
of seized property and expenditures of forfeiture proceeds and submit a
report on the audit to certain committees of the general assembly and to
the executive director. The executive director shall submit an annual
report to certain committees and officers summarizing seizure and
forfeiture activities in the state.
The bill prohibits a seizing agency from transferring or referring
seized property to a federal governmental agency for forfeiture litigation
unless the property includes currency in excess of $100,000.
The bill authorizes the division to charge a seizing agency a fee
when the seizing agency updates the website to offset the division’s costs
of developing and maintaining the website. The bill establishes a cash
fund for the fees.
The bill clarifies that information and reports developed pursuant
to the bill are public records subject to inspection under the Colorado
Open Records Act.


Current Status:

Senate Committee on Judiciary Postpone Indefinitely (02/15/2017)
Senate Committee on Judiciary Postpone Indefinitely (02/15/2017)
Introduced In Senate - Assigned to Judiciary (01/31/2017)



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