A8BC4452456F417287258C44000FDE96 Hearing Summary

PUBLIC
BILL SUMMARY For HB25-1067

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

HB25-1067 - Committee Discussion Only

Attachment Tag

File Name

Attachment F

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.

HB25-1067 - Committee Discussion Only

Colorado General Assembly