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HB 25-1067

Criminal Asset Forfeiture Act

2025 Regular Session Introduced by Mark Baisley and 1 co-sponsor

HB 25-1067 aimed to shift asset forfeiture to criminal court, enhancing property owner rights while allowing seizure of assets linked to crimes after convictions.

House Committee on Judiciary Postpone Indefinitely
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Bill Summary · HB 25-1067

Summary of HB 25-1067: Criminal Asset Forfeiture Act

Bill Information:
- Bill Number: HB 25-1067
- Title: Criminal Asset Forfeiture Act
- Status: Postponed Indefinitely by House Committee on Judiciary
- Introduced: January 08, 2025
- Prime Sponsors: Rep. DeGraaf, Sen. Baisley

Purpose and Intent

The Criminal Asset Forfeiture Act aims to reform the existing civil forfeiture laws in Colorado by transitioning forfeiture proceedings from civil to criminal court. The bill seeks to enhance the due process rights of property owners while ensuring that assets linked to criminal activities, particularly drug-related offenses and illegally possessed firearms, can be forfeited following a criminal conviction.

Key Provisions

  1. Repeal of Civil Forfeiture Statutes:

    • The bill repeals the "Colorado Contraband Forfeiture Act" and replaces it with the "Criminal Asset Forfeiture Act."
    • Forfeiture proceedings would occur only after a defendant is convicted of specific crimes, such as the unlawful distribution or possession of controlled substances.

  2. Forfeiture Proceedings:

    • Forfeiture hearings would be conducted in criminal court, not civil court, and would not involve a jury.
    • If a defendant is represented by a public defender, that defender must also represent them in the forfeiture proceeding.

  3. Distribution of Seized Assets:

    • Upon lawful seizure, proceeds may be distributed to victims, law enforcement agencies, and specific state funds (50% to the General Fund, 25% to Behavioral Health Services, and 25% to the Law Enforcement Community Services Grant Program Fund).

  4. Additional Rights for Property Owners:

    • Defendants can petition the court to contest the constitutionality of the seizure.
    • If the court finds that the prosecutor did not meet specific requirements, the seized property must be returned.

  5. Limitations on Federal Transfers:

    • Property seized under state law cannot be transferred to the federal government unless certain conditions are met, including participation in a joint task force and a minimum asset value of $50,000.

Impact

  • State Revenue: The bill was projected to reduce revenue to the Special Prosecution Custodial Fund by approximately $120,000 annually.
  • State Expenditures: An appropriation of $198,277 was required for the Office of the State Public Defender, with anticipated ongoing costs of $242,247 in FY 2025-26 and $262,102 in FY 2026-27.
  • Staffing Needs: The Office of the State Public Defender would require additional staff (2.2 FTE) to handle the increased workload from forfeiture proceedings.

Procedural Aspects

  • The bill was introduced on January 8, 2025, and underwent committee discussions. However, it was ultimately postponed indefinitely by the House Committee on Judiciary on April 8, 2025. As a result, the provisions and impacts outlined in the bill will not take effect.

Conclusion

HB 25-1067 aimed to reform the asset forfeiture process in Colorado by shifting it to the criminal justice system, thereby enhancing protections for property owners while still allowing law enforcement to seize assets linked to criminal activity. However, the bill did not progress past the committee stage and is currently inactive.

Compiled from official sources — confirm details with the bill’s official record.

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