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First Regular Session | 75th General Assembly
Colorado General Assembly

PUBLIC
BILL SUMMARY For HB25-1067

HOUSE COMMITTEE ON JUDICIARY
Date Mar 4, 2025       Location HCR 0107

HB25-1067 - Committee Discussion Only
07:53:23 PM  
Representative DeGraaf, prime sponsor, presented House Bill 25-1067. The bill repeals statutes pertaining to civil forfeiture and replaces them with procedures for applying forfeiture proceedings to criminal cases. The bill also imposes certain requirements on forfeiture proceedings. Representative DeGraaf explained the effect of the bill and discussed its need. Representative DeGraaf responded to questions regarding the disposition of property under the bill at different phases of a criminal proceeding, and seizure threshold amounts under the bill.  
08:17:44 PM  
Audrey Weiss, representing 1st Judicial District Attorney's Office, testified in opposition to the bill. Robert Nitido, representing 2nd Judicial District Attorney's Office, testified in opposition to the bill. Tony Gioia, representing 4th Judicial District Attorney's Office, testified in opposition to the bill. Darcy Kofol, representing District Attorney's Office for the 23rd Judicial District, testified in opposition to the bill. Mr. Major-Mark Mason, representing Cdps/Colorado State Patrol, testified in opposition to the bill. Deputy Chief Todd Reeves, representing Colorado Association of the Chiefs of Police, testified in opposition to the bill.

Discussion ensued regarding the process involved in seizing property in a criminal case, and dollar thresholds for property seizures. Discussion followed regarding the importance of asset seizures to certain law enforcement initiatives, and what happens to unclaimed assets. Discussion turned to the use of counsel in civil forfeiture cases, and the impact of HB 25-1067 on fentanyl seizure. The panel responded to questions regarding conflict-of-interest firewalls with respect to asset seizure.
08:48:38 PM  
Fatima Fernandez, representing themself, testified to amend the bill. Mr. Bennett Rutledge, representing Harmony Initiative, Inc, testified in support of the bill. Mr. Frank Cotten, representing themself, testified in support of the bill.

Mr. James Karbach, representing Colo. St. Pub. Defender, testified to amend the bill. Mr. Karbach responded to questions regarding potential action by the U.S. Supreme Court on asset forfeiture, and preventing certain criminal enterprises from accessing assets under HB 25-1067. Mr. Karbach responded to further questions regarding the amount of asset forfeiture money is seized from those who are not convicted of a crime.
09:04:24 PM  
Catching Valentinis, representing Rocky Mountain Gun Owners, testified in support of the bill. Donna LaBelle, representing themself, testified in support of the bill. Ms. Hannah Goodman, representing The Libertarian Party of Colorado, testified in support of the bill. Jacob Luria, representing themself, testified in support of the bill. Shannon Johnson, representing themself, testified in support of the bill. Mr. Alasdair Whitney, representing Institute for Justice, testified in support of the bill.

Mr. Whitney responded to questions regarding asset forfeiture reform efforts in other states, and how much money is subject to seizure from those not found guilty of a crime. Mr. Valentinis provided input on the latter issue. Discussion ensued regarding New Mexico's asset forfeiture laws.
09:27:56 PM  
James Wiley, representing Libertarian Party of Colorado, testified in support of the bill. Ms. Darcy Schoening, representing themself, testified in support of the bill. Natalie Menten, representing themself, testified in support of the bill. Mr. Jeremy Goodall, representing themself, testified in support of the bill. Dr. Lynda Zamora Wilson, representing themself, testified in support of the bill.

Additional witness testimony can be found in Attachment F.

Chair Mabrey laid the bill over for action only.