This measure reforms procedures for civil asset forfeiture and nuisance abatement actions in Colorado (governed primarily under Title 16 and Title 38, C.R.S.). These are civil proceedings where the government can seize and potentially keep private property (cash, vehicles, real estate, etc.) alleged to be connected to criminal activity, even if the owner is not convicted. This bill corrects a long-abused violation of 4th, 5th, and 6th Amendment rights. The previous law had inverted the notion of innocence-until-proven-guilty. This should help restore property rights and due process rights in Colorado. CUT believes the fundamental Constitutional rights of people have been violated, which this bill would address. An argument was made supporting use of the Safety Clause as “to be appropriate to guard against new cases arising before implementation of the law (otherwise governments would be incentivized to act quickly).”
