1690ECDF2A27F6F68725822C007CFD53 Hearing Summary

The committee returned to order. Representative Herod, prime sponsor, presented House Bill 18-1020, concerning civil forfeiture reform, and, in connection therewith, changing the entity required to report on forfeitures, expanding the scope of the forfeitures to be reported, establishing grant programs, and changing the disbursement of net forfeiture proceeds.  Representative Herod was joined by Representative Humphrey.  Representative Herod explained the effect of the bill and discussed its need.  Representative Herod responded to questions regarding the distribution of moneys under the bill.  Mr. Chris Creighton, Legislative Council Staff, provided input regarding these distributions.

The following persons testified regarding HB 18-1020: Mr. Stan Hilkey, Executive Director of the Department of Public Safety, and Mr. Irv Halter, Executive Director of Department of Local Affairs, testified in support of the bill. Mr. Hilkey provided background on the genesis of the bill, and discussed the benefits of the Law Enforcement Assistance Grant Program created by the bill.  Mr. Halter discussed reporting requirements associated with civil asset forfeiture. Mr. Halter responded to questions regarding incentives for reporting agencies to comply with the bill. Discussion ensued regarding the types of local districts that might be eligible for grant funding under the bill, and the level of funding implicated by HB 18-1020.

Ms. Denise Maes, representing the ACLU, and Mr. Art Way, representing the Drug Policy Alliance, testified in support of the bill.  Mr. Way spoke to the merits of certain features in the bill.  Ms. Maes discussed the oversight benefits of the bill.

Mr. Ron Sloan, representing the Colorado Association of Chiefs of Police, and Ms. Adeline Hodge, representing the Colorado Fraternal Order of Police, testified in support of HB 18-1020. Ms. Hodge read a statement about the process by which the bill was created, and discussed the merits of the legislation.  Ms. Hodge responded to questions regarding the position of her organization on amendments L.001 (Attachment B), L.002 (Attachment C), and L.003 (Attachment D).  Mr. Sloan discussed the merits of the Law Enforcement Assistance Grant Program.

Ms. Jessica LeRoux, representing herself, testified on the bill. Ms. LeRoux discussed the lack of law enforcement attention in rural areas of Park County for certain issues based on asset forfeiture, and provided an overview of a case where assets were confiscated by law enforcement without a conviction. She explained how HB 18-1020 will lead to more asset forfeiture.

Ms. Bridget Seritt, representing the Cannipatient Resource Center of Colorado, testified in opposition to the bill. Ms. Seritt explained how the bill will continue to allow civil asset forfeiture to fund law enforcement activities, and discussed the impacts of asset forfeiture on those growing medical marijuana. She discussed the need to require a criminal conviction for asset forfeiture.

Discussion surrounded amendments L.001, L.002, and L.003.

Representative Herod provided closing remarks in support of HB 18-1020.