Title 16, Criminal Proceedings

(1) The general assembly finds that: (a) (I) In the 2012 case of Miller v. Alabama, the United States supreme court held that imposing a mandatory life sentence without the possibility of parole on a juvenile is a cruel and unusual punishment prohibited by the eighth amendment to…

(1) A person may petition the sentencing court for a resentencing hearing if the person was: (a) A juvenile at the time of his or her offense; (b) Convicted as an adult of a class 1 felony following direct filing of an information or indictment in the district court pursuant to s…

Source: L. 72: R&RE, p. 255, � 1. C.R.S. 1963: � 39-13-201. L. 2002: Entire section repealed, p. 1463, � 3, effective October 1. Editor's note: In 2002, this section was relocated to � 18-1.3-901. Cross references: For the legislative declaration contained in the 2002 act repeali…

Source: L. 98: Entire section added, p. 1288, � 2, effective November 1. L. 2002: Entire section repealed, p. 1463, � 3, effective October 1. Editor's note: In 2002, this section was relocated to � 18-1.3-902. Cross references: For the legislative declaration contained in the 200…

Source: L. 72: R&RE, p. 255, � 1. C.R.S. 1963: � 39-13-202. L. 75: (5) R&RE, p. 631, � 2, effective July 1. L. 77: (3) amended, p. 902, � 5, effective August 1. L. 2002: Entire section repealed, p. 1463, � 3, effective October 1. Editor's note: In 2002, this section was relocated…

Source: L. 72: R&RE, p. 256, � 1. C.R.S. 1963: � 39-13-203. L. 2002: Entire section repealed, p. 1463, � 3, effective October 1. Editor's note: In 2002, this section was relocated to � 18-1.3-904. Cross references: For the legislative declaration contained in the 2002 act repeali…

Source: L. 72: R&RE, p. 256, � 1. C.R.S. 1963: � 39-13-204. L. 2002: Entire section repealed, p. 1463, � 3, effective October 1. Editor's note: In 2002, this section was relocated to � 18-1.3-905. Cross references: For the legislative declaration contained in the 2002 act repeali…

Source: L. 72: R&RE, p. 256, � 1. C.R.S. 1963: � 39-13-205. L. 2002: Entire section repealed, p. 1463, � 3, effective October 1. Editor's note: In 2002, this section was relocated to � 18-1.3-906. Cross references: For the legislative declaration contained in the 2002 act repeali…

Source: L. 72: R&RE, p. 256, � 1. C.R.S. 1963: � 39-13-206. L. 2002: Entire section repealed, p. 1463, � 3, effective October 1. Editor's note: In 2002, this section was relocated to � 18-1.3-907. Cross references: For the legislative declaration contained in the 2002 act repeali…

Source: L. 72: R&RE, p. 256, � 1. C.R.S. 1963: � 39-13-207. L. 91: (1)(a) and (1)(b) amended, p. 1142, � 4, effective May 18. L. 2002: Entire section repealed, p. 1463, � 3, effective October 1. Editor's note: In 2002, this section was relocated to � 18-1.3-908. Cross references:…

Source: L. 72: R&RE, p. 257, � 1. C.R.S. 1963: � 39-13-208. L. 2002: Entire section repealed, p. 1463, � 3, effective October 1. Editor's note: In 2002, this section was relocated to � 18-1.3-909. Cross references: For the legislative declaration contained in the 2002 act repeali…

Source: L. 72: R&RE, p. 257, � 1. C.R.S. 1963: � 39-13-209. L. 2002: Entire section repealed, p. 1463, � 3, effective October 1. Editor's note: In 2002, this section was relocated to � 18-1.3-910. Cross references: For the legislative declaration contained in the 2002 act repeali…

Source: L. 72: R&RE, p. 257, � 1. C.R.S. 1963: � 39-13-210. L. 2002: Entire section repealed, p. 1463, � 3, effective October 1. Editor's note: In 2002, this section was relocated to � 18-1.3-911. Cross references: For the legislative declaration contained in the 2002 act repeali…

Source: L. 72: R&RE, p. 258, � 1. C.R.S. 1963: � 39-13-211. L. 2002: Entire section repealed, p. 1463, � 3, effective October 1. Editor's note: In 2002, this section was relocated to � 18-1.3-912. Cross references: For the legislative declaration contained in the 2002 act repeali…

Source: L. 72: R&RE, p. 258, � 1. C.R.S. 1963: � 39-13-212. L. 2002: Entire section repealed, p. 1463, � 3, effective October 1. Editor's note: In 2002, this section was relocated to � 18-1.3-913. Cross references: For the legislative declaration contained in the 2002 act repeali…

Source: L. 72: R&RE, p. 258, � 1. C.R.S. 1963: � 39-13-213. L. 2002: Entire section repealed, p. 1463, � 3, effective October 1. Editor's note: In 2002, this section was relocated to � 18-1.3-914. Cross references: For the legislative declaration contained in the 2002 act repeali…

Source: L. 72: R&RE, p. 258, � 1. C.R.S. 1963: � 39-13-214. L. 2002: Entire section repealed, p. 1463, � 3, effective October 1. Editor's note: In 2002, this section was relocated to � 18-1.3-915. Cross references: For the legislative declaration contained in the 2002 act repeali…

Source: L. 72: R&RE, p. 258, � 1. C.R.S. 1963: � 39-13-215. L. 79: Entire section amended, p. 684, � 17, effective July 1. L. 2002: Entire section repealed, p. 1463, � 3, effective October 1. Editor's note: In 2002, this section was relocated to � 18-1.3-916. Cross references: Fo…

(1) (a) Within six months after a person is committed pursuant to section 18-1.3-904, C.R.S., and at least once during each twelve months thereafter, the board shall review all reports, records, and information concerning said person, for the purpose of determining whether said p…

As used in this part 3, unless the context otherwise requires: (1) Action to abate a public nuisance means any action authorized by this part 3 to restrain, remove, terminate, prevent, abate, or perpetually enjoin a public nuisance. (2) Building means a structure which has the ca…

(1) It is the policy of the general assembly that every public nuisance shall be restrained, prevented, abated, and perpetually enjoined. It is the duty of the district attorney in each judicial district of this state to bring and maintain an action, pursuant to the provisions of…

(1) Every building or part of a building including the ground upon which it is situate and all fixtures and contents thereof, every vehicle, and any real property shall be deemed a class 1 public nuisance when: (a) Used as a public or private place of prostitution or used as a pl…

(1) The following are deemed to be a class 2 public nuisance: (a) Any place where people congregate, which encourages a disturbance of the peace, or where the conduct of persons in or about that place is such as to annoy or disturb the peace of the occupants of or persons attendi…

(1) The following are a class 3 public nuisance: (a) The conducting or maintaining of any business, occupation, operation, or activity prohibited by a statute of this state; or (b) The continuous or repeated conducting or maintaining of any business, occupation, operation, activi…

If any person carries on or practices any profession or calling or operates any business required to be licensed by the laws of the state of Colorado without first procuring a license therefor, or carries on or practices such profession or calling or operates such business after …

(1) A seizing agency or participant in any joint task force or other multijurisdictional collaboration shall accept payment or distribution from a federal agency of all or a portion of any forfeiture proceeds resulting from adoption or a joint task force or other multijurisdictio…

(1) The several district courts of this state shall have original jurisdiction of proceedings under this part 3. (1.5) No judgment of forfeiture of property in any forfeiture proceeding shall be entered unless and until an owner of the property is convicted of an offense listed i…

(1) (a) If probable cause for the existence of a class 1 public nuisance is shown to the court by means of a complaint supported by an affidavit, the court shall issue a temporary restraining order to abate and prevent the continuance or recurrence of the nuisance or to secure pr…

(1) The judgment in an action to abate a public nuisance may include a permanent injunction to restrain, abate, and prevent the continuance or recurrence of the nuisance and an order directing the confiscation and forfeiture of property. The court may grant declaratory relief, ma…

(1) If the owner of a building, a place, or any real property seized and closed as a class 1 public nuisance has not been guilty of any contempt of court in the proceedings, and appears and pays all costs, fees, and allowances which are declared by this section to be a lien on th…

(1) Any personal property subject to seizure, confiscation, forfeiture, or destruction under the provisions of this part 3, and which is seized as a part of or incident to proceedings under this part 3 for which disposition is not provided by another statute of this state, shall …

Any violation or disobedience of any injunction or order issued by the court in an action to abate a public nuisance shall be punished as a contempt of court by a fine of not less than two hundred dollars nor more than two thousand dollars; but the court may treat each day on whi…

(1) For removing and selling personal property as provided in this part 3, the sheriff shall be entitled to charge and receive the same fees as he would for levying upon and selling like property on execution. (2) For seizing and closing any building, premises, or vehicle as prov…

(1) In an action to abate a class 1 public nuisance, if the court finds that such class 1 public nuisance exists and that the same has been conducted, used, or maintained by the owner of a building, place, or any real property seized and closed as a class 1 public nuisance, or th…

(1) Any personal property subject to seizure, confiscation, or forfeiture under the provisions of this part 3 may be seized: (a) Pursuant to any writ, order, or injunction issued under the provisions of this part 3; or (b) Under the authority of a search warrant; or (c) By any pe…

(1) Nothing in this part 3 shall be construed in such manner as to destroy the validity of a bona fide lien upon real or personal property appearing of record prior to the seizure of personal property, prior to the filing of a notice of seizure, as provided in subsection (3) of t…

Source: L. 87: Entire section added, p. 638, � 13, effective July 1. L. 92: Entire section repealed, p. 450, � 4, effective July 1.

Source: L. 94: Entire part repealed, p. 2038, � 18, effective July 1. Editor's note: (1) This part 4 was numbered as article 13 of chapter 39, C.R.S. 1963. This article was repealed and reenacted in 1972, and this part 4 was not amended prior to its repeal in 1994. For the text o…

This part 5 shall be known and may be cited as the Colorado Contraband Forfeiture Act. Source: L. 84: Entire part added, p. 505, � 1, effective July 1.

(1) It is the intent of the general assembly that proceedings under this part 5 be remedial in nature and designed to benefit the public good by appropriating contraband property for use by law enforcement. (2) It is also the policy of the general assembly that asset forfeiture p…

As used in this part 5, unless the context otherwise requires: (1) Contraband article means any controlled substance, as defined in section 18-18-102 (5), C.R.S., any other drug the possession of which is an offense under the laws of this state, any imitation controlled substance…

(1) The following acts are subject to this part 5: (a) Engaging in the unlawful manufacture, cultivation, growth, production, processing, or distribution for sale of, or sale of, or storing or possessing for any unlawful manufacture or distribution for sale of, or for sale of, an…

(1) Any vehicle or personal property, including fixtures and contents of a structure or building, as defined in section 16-13-301 (2), currency, securities, or negotiable instruments, which has been or is being used in any of the acts specified in section 16-13-503 or in, upon, o…

(1) A seizing agency or participant in any joint task force or other multijurisdictional collaboration shall accept payment or distribution from a federal agency of all or a portion of any forfeiture proceeds resulting from adoption or a joint task force or other multijurisdictio…

(1) The several district courts of this state shall have original jurisdiction in proceedings under this part 5. (1.5) No judgment of forfeiture of property in any forfeiture proceeding shall be entered unless and until an owner of the property is convicted of an offense involvin…

(1) If the prosecution prevails in the forfeiture action, the court shall order the property forfeited and perfect the state's right and interest in and title to such property. The court shall also order such property to be sold at public sale by the law enforcement agency in pos…

Any property seized pursuant to section 16-13-504 which is required by law to be destroyed, or the possession of which is illegal, or which in the opinion of the court is not properly the subject of a sale may be destroyed pursuant to a warrant for the destruction of personal pro…

Notwithstanding anything contained in this part 5, this part 5 shall not be construed as an amendment or repeal of any of the criminal laws of this state, but the provisions of this part 5, insofar as they relate to those laws, shall be considered a cumulative right of the people…

(1) Whenever clear and convincing evidence adduced in an action pursuant to this part 5 shows a substantial connection between currency and the acts specified in section 16-13-503, a rebuttable presumption shall arise that said currency is contraband property. A substantial conne…

Currency seized pursuant to this part 5 may be placed in an interest-bearing account during the proceedings pursuant to this part 5 if so ordered by the court upon the motion of any party. Photocopies of portions of the bills shall serve as evidence at all hearings. The account a…