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Colorado Rights Blog

HB17-1313 Civil Forfeiture Reform

Bill Number: HB17-1313
Year: 2017
ACLU Position: Active Support
Sponsors: S. Humphrey (R)/ L. Herod (D)/ T. Neville (R)/ D. Kagan (D)

Description:

The bill requires the executive director of the department of local
affairs (department), after considering the input from specified interested
parties, to establish a form for law enforcement agencies, prosecutors, and
multijurisdictional task forces (seizing agencies) to use in submitting to
the department biannual reports containing specified information on
seizures through which the seizing agencies received proceeds from a
forfeiture and the use of the proceeds. Based on the reports, the
department is to post on its website a searchable database that includes
the information contained in the biannual reports and a summary report
of the information.
Seizing agencies are required to submit the biannual reports
containing information known to the agency by specified dates; except
that an agency need not include information if the disclosure of the
information could endanger a person or disclose certain confidential
information. The executive director of the department may issue civil
penalties for failure to file or late filing of the reports.
The bill directs the executive director of the department to submit
an annual report to the governor, the attorney general, and the judiciary
committees of the general assembly on seizure and forfeiture activity in
the state.
The bill prohibits seizing agencies from receiving forfeiture
proceeds from the federal government unless the aggregate net equity
value of the property and currency seized in the case is in excess of
$50,000 and the federal government commences a forfeiture proceeding
that relates to a filed criminal case.


Current Status:

Governor Signed (06/09/2017)



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