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ColoradoHB26-12502026 Regular SessionHouseWALLET

Procedures Related to Civil Asset Forfeiture

Sponsored By: Jennifer Bacon (Democratic), Katie Wallace (Democratic), Ken DeGraaf (Republican), Scott Bright (Republican)

Signed by Governor

Civil LawCourts & JudicialCrimes, Corrections, & Enforcement

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 0 costs, 4 mixed.

Property return and cost protections for claimants

The law requires dismissal of forfeiture claims covered by its dismissal exception when related criminal charges end in acquittal or dismissal. The court returns the affected property interest after deciding claims involving other owners and interests. Property is not returned when possessing it is illegal. Claimants who win dismissal or judgment generally do not pay state storage or preservation costs. They can still owe proven expenses needed to prevent waste even without seizure.

Legal help with limits for low-income defendants

For forfeiture cases started on or after July 1, 2026, defendants unable to afford counsel can request an appointed lawyer. The State Court Administrator must arrange defense services, but the contractor need not provide defense when fund money runs out. Complaints or citations must give notice of available representation, including in nuisance abatement cases. Defendants must also receive information about how forfeiture pauses relate to criminal cases. On request, the court must allow at least 21 days after counsel starts, or longer as needed, unless counsel waives the delay. Lawyer pay is capped at $3,500 per case unless the court finds good cause for more. Defendants may still hire private counsel or represent themselves.

Property owners face forfeiture timing rules

Beginning July 1, 2026, the law applies to newly started Colorado forfeiture cases. Courts generally need an owner's qualifying conviction, including an eligible lesser offense, before ordering forfeiture. Related criminal charges pause forfeiture until resolved, but appeals and post-conviction challenges do not extend that pause. Exceptions include lack of standing, failure to answer after the criminal case ends and required notice, death, deferred judgment, diversion, and settlement waiver. For property used in an offense or traceable proceeds, one exception requires clear and convincing proof that the owner is not innocent, plus the offending nonowner's conviction. The death exception also requires proof that the owner was not innocent; settlement waivers apply only to the settling person's interest.

Forfeiture money shifts toward defense lawyers

The law allocates up to $55,000 each year from remaining forfeiture proceeds to the Department of Local Affairs for grant and portal administration. It appropriates $55,000 from those proceeds for portal administration in budget year 2026–27. A 25% share of the designated remaining balance now supports defense counsel instead of community-services grants; other money follows court distribution orders. On July 1, 2026, all unused and uncommitted community-services grant money transfers to the defense fund. The community-services fund continues receiving specified statutory transfers, gifts, and donations, including defense-fund balances above $500,000. Up to 5% supports grant administration, and unused grant money remains available in later years.

New defense fund has strict funding limits

Colorado creates the Forfeiture Defense Counsel Fund and appropriates $556,750 from it for defense contracts in budget year 2026–27. Spending requires annual approval; the fund can hold no more than $500,000, with excess transferred to community-services grants. Starting in budget year 2027–28, only gifts, grants, donations, and specified forfeiture transfers can fund it; General Fund support is prohibited. The legislature is not required to provide funding. Subject to available money, the State Court Administrator must contract by December 1, 2026, with a private provider experienced in low-income legal services. Uncommitted money goes to the contractor when the agreement begins and each July 1; unused money returns after each service year. The contractor must report quarterly on appointments, case costs, staffing challenges, and retained money, update its qualified-attorney list annually, and rotate appointments when practical.

Sponsors & Cosponsors

Sponsors

  • Jennifer Bacon

    Democratic • House

  • Katie Wallace

    Democratic • Senate

  • Ken DeGraaf

    Republican • House

  • Scott Bright

    Republican • Senate

Cosponsors

  • Brandi Bradley

    Republican • House

  • Bob Marshall

    Democratic • House

  • Brianna Titone

    Democratic • House

  • Emily Sirota

    Democratic • House

  • Javier Mabrey

    Democratic • House

  • Kyle Brown

    Democratic • House

  • Kenny Nguyen

    Democratic • House

  • Lorena Garcia

    Democratic • House

  • Max Brooks

    Republican • House

  • Mandy Lindsay

    Democratic • House

  • Matt Soper

    Republican • House

  • Naquetta Ricks

    Democratic • House

  • Regina English

    Democratic • House

  • Ryan Gonzalez

    Republican • House

  • Rebecca Keltie

    Republican • House

  • Sheila Lieder

    Democratic • House

  • Stephanie Luck

    Republican • House

  • Scott Slaugh

    Republican • House

  • Tammy Story

    Democratic • House

  • Yara Zokaie

    Democratic • House

  • Sen. A. Benavidez

    Affiliation unavailable

  • Cathy Kipp

    Democratic • Senate

  • Chris Kolker

    Democratic • Senate

  • Iman Jodeh

    Democratic • Senate

  • Judy Amabile

    Democratic • Senate

  • Jeff Bridges

    Democratic • Senate

  • John Carson

    Republican • Senate

  • James Coleman

    Democratic • Senate

  • Julie Gonzales

    Democratic • Senate

  • Lisa Frizell

    Republican • Senate

  • Lynda Zamora Wilson

    Republican • Senate

  • Marc Snyder

    Democratic • Senate

  • Mike Weissman

    Democratic • Senate

  • Nick Hinrichsen

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 192 • No: 25

Senate vote • 5/13/2026

Third reading: Bill

Yes: 33 • No: 2

Senate vote • 5/12/2026

Refer House Bill 26-1250 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.

Yes: 7 • No: 0

House vote • 5/12/2026

Third reading: Bill

Yes: 64 • No: 1

House vote • 5/8/2026

Refer House Bill 26-1250, as amended, to the Committee of the Whole.

Yes: 11 • No: 0

House vote • 5/4/2026

Refer House Bill 26-1250, as amended, to the Committee on Appropriations.

Yes: 11 • No: 0

House vote • 4/21/2026

Adopt amendment L.012 (Attachment J).

Yes: 3 • No: 8

House vote • 4/21/2026

Adopt amendment L.002 (Attachment C).

Yes: 10 • No: 1

House vote • 4/21/2026

Adopt amendment L.004 (Attachment D).

Yes: 11 • No: 0

House vote • 4/21/2026

Refer House Bill 26-1250, as amended, to the Committee on Finance.

Yes: 6 • No: 5

House vote • 4/21/2026

Adopt amendment L.006 (Attachment F).

Yes: 10 • No: 1

House vote • 4/21/2026

Adopt amendment L.007 (Attachment G).

Yes: 10 • No: 1

House vote • 4/21/2026

Adopt amendment L.001 (Attachment B)

Yes: 9 • No: 2

House vote • 4/21/2026

Adopt amendment L.005 (Attachment E).

Yes: 7 • No: 4

Actions Timeline

  1. Governor Signed

    6/4/2026House

  2. Signed by the Speaker of the House

    6/3/2026House

  3. Signed by the President of the Senate

    6/3/2026Senate

  4. Sent to the Governor

    6/3/2026House

  5. Senate Third Reading Passed - No Amendments

    5/13/2026Senate

  6. House Third Reading Passed - No Amendments

    5/12/2026House

  7. Introduced In Senate - Assigned to Appropriations

    5/12/2026Senate

  8. Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole

    5/12/2026Senate

  9. Senate Second Reading Special Order - Passed - No Amendments

    5/12/2026Senate

  10. House Second Reading Special Order - Passed with Amendments - Committee, Floor

    5/11/2026House

  11. House Committee on Appropriations Refer Amended to House Committee of the Whole

    5/8/2026House

  12. House Committee on Finance Refer Amended to Appropriations

    5/4/2026House

  13. House Committee on Judiciary Refer Amended to Finance

    4/21/2026House

  14. Introduced In House - Assigned to Judiciary

    2/18/2026House

Bill Text

  • Engrossed

    PDF

  • Final Act

    PDF

  • House Appropriations Preamend

    PDF

  • House Finance Preamend

    PDF

  • House Judiciary Preamend

    PDF

  • Introduced

    PDF

  • Reengrossed

    PDF

  • Rerevised

    PDF

  • Revised

    PDF

  • Signed Act

    PDF

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