Welcome to the website of the Libertarian Party of Larimer County, Colorado.


Please help us oppose HB 1238 (civil forfeiture).

This bill is scheduled for a hearing before the House Judiciary Committee on Monday, March 16th at 1:30pm. The hearing has been delayed, in no small part because people have expressed their displeasure with this horrible piece of legislation.

What is “civil forfeiture”?
Civil forfeiture is used by law enforcement to seize personal property (real estate, cash, jewelry, etc.) they believe was used during the commission of a criminal offense or is proceeds from criminal activity. When property is seized, prosecutors then file a civil forfeiture action against the property and, if the prosecution prevails, the property owner loses all right, title and interest in the property.

Current forfeiture law requires that:
In most cases, a person must be convicted of a criminal offense before their property (cash, real estate, cars, etc.) can be forfeited for being involved in or proceeds of criminal activity.

Law enforcement is required to submit an annual forfeiture report to the Dept of Local Affairs.

WHAT HB 09-1238 WOULD DO:
1. HB 09-1238 erodes reasonable protections for property owners by;

Repealing the requirement that someone be convicted of a criminal offense before their property can be forfeited. (in a civil forfeiture action, a property owner does not have 5th Amendment protection against self-incrimination nor the right to counsel).

Allowing for forfeiture even if the owner didn’t know that the property was used in violation of the law under the theory that he/she “reasonably should have known".

Repealing the requirement that the plaintiff prove that the property being forfeited was instrumental in the commission of an offense.

2. Removes any transparency and accountability by repealing all forfeiture reporting requirements and repeals the prohibition on transfer of forfeiture cases out of state court when local or state law enforcement were the seizing agency, with limited exceptions.

Here is a link to a summary of HB 09-1238 prepared by the state legislature;
http://www.leg.state.co.us/Clics/CLICS2009A/csl.nsf/fsbillcont3/D5A4C4497917A4B08725754B005DB224?Open&file=1238_01.pdf

Current law ensures that forfeiture actions are usually somewhat fair and that property owners have due process without undermining law enforcement’s ability to use forfeiture as a legitimate tool. Current law also brings the revenue generated from asset forfeiture into an appropriate budget process and provides accountability while removing any appearance of impropriety. HB 09-1238 repeals these fundamental principals of fairness and due process. It also creates an unacceptable profit motive for law enforcement.

It is possible to kill this bill. Your calls and emails are making a difference. If you haven’t had a chance to call legislators, please do so before March 16th.

So far we have heard from the following members of the House Judiciary Committee that they OPPOSE HB 1238. If you contact them, please thank them for their opposition and their commitment to preserving due process and property rights.

Rep. Claire Levy (D-Boulder), chairman – 303-866-2578, claire.levy.house@state.co.us

Rep. Dennis Apuan (D-El Paso), 303-866-3069, repdennisapuan@gmail.com

Rep. Bob Gardner (R-El Paso), 303-866-2191, bob.gardner.house@state.co.us

Rep. Joe Miklosi (D-Denver), 303-866-2910, joe@joemiklosi.com

Rep. Sal Pace (D-Pueblo), 303-866-2968, sal_pace@hotmail.com

Rep. Mark Waller (R-El Paso), 303-866-5525, mark.waller.house@state.co.us


We do not yet know the positions of the following members of the House Judiciary Committee. If you contact them, please urge them to OPPOSE HB 1238.

Rep. Beth McCann (D-Denver), vice-chairman – 303-866-2959, ehmccann@comcast.net

Rep. Lois Court (D-Denver), 303-866-2967, loiscourt@msn.com

Rep. Steve King (R-Delta), 303-866-3068, steve.king.house@state.co.us

Rep. Ellen Roberts (R-Archuleta), 303-866-2914, ellen.roberts.house@state.co.us

Rep. Su Ryden (D-Arapahoe), 303-866-2942, su@suryden.com


Several people have asked who is responsible for the bill. The sponsor is Rep. Joe Rice, D-Glendale, and the co-sponsor is Rep. Brandon Shaffer, D-Boulder.

HB 1238 is opposed by a diverse, bi-partisan coalition including:
Colorado Criminal Justice Reform Coalition, Independence Institute, ACLU, Colorado Union of Taxpayers, Colorado Criminal Defense Bar Association, Colorado Progressive Coalition, Pikes Peak Justice & Peace Commission, The Center for Justice, Peace & Environment, SAFER Colorado, Pendulum Foundation, Rocky Mountain Peace & Justice Center, Metro Community Church of the Rockies, Drug Policy Alliance, Colorado Libertarian Party, Empowerment Program, Alexandria Temple, National Lawyer’s Guild-Colorado, Law Offices of Phil Cherner, Sensible Colorado, Colorado CURE, Cynergetics Institute, Kilmer, Lane and Newman, Youth Transformation, Charities House Ministries, Montview Presbyterian-Peace & Justice Taskforce, New Foundations Nonviolence Center, Left Hand Book Collective, Turnabout, and Surrounded by Recovery.

Here is a sample email for you to cut/paste and modify if you don't want to write your own.


Dear Representative [insert name]:

It seems to me that the rights and liberties of law abiding, private citizens erode away further every day. From the “Patriot Act” to the erosion of our Fourth Amendment protections from unreasonable search and seizure, the power of the government over our individual lives grows and grows.

HB 09-1238 would further erode the rights and liberties of citizens in favor of the government.

The vague wording, lack of accountability and transparency, and monetary incentive to take peoples property, guarantees that forfeiture will be abused even more that it currently is.

Thank you.
[insert name]


Please forward this to any of your friends and family that value due process and property rights. The Colorado Springs Gazette published an editorial in opposition to HB 1238. To read it, use this link: http://www.gazette.com/opinion/bill_49055___article.html/colorado_house.html

Thank you for your help,

P.S. Do you want to stay informed on legislative issues, and important news in Colorado? Subscribe to the LPCO Liberty Alerts. LPCO Liberty Alerts are emails distributed by the Libertarian Party of Colorado Legislative Director. LPCO Liberty Alerts are created on an as-needed basis to promote awareness of pending legislation. To subscribe, go to lpcolorado.org click on the “Connect” tab and select “Subscribe to Liberty Alerts”.