Eye on the Legislature

February 12, 2018

HOUSE BILL 18-1020:  Civil forfeiture reform and changing reporting entity, expanding the scope of the forfeitures and changing the disbursement of net forfeiture proceeds is the subject of HB 1020.

HB 1020 provides for these changes in civil forfeitures:

  • reporting agencies rather than seizing agencies must file the reports required under a bill passed in the 2017 General Assembly;
  • defines “reporting agency;”
  • expands the scope of the reports to include seizures related to a local public nuisance law or ordinance;
  • seizing agencies are prohibited from receiving forfeiture proceeds from the federal government unless the aggregate value of property seized in a case is over $50,000;
  • defines a reporting agency for the purpose of making it clear which agencies are required to submit seizure reports to the Department of Local Affairs (DOLA);
  • adds seizures related to local public nuisance laws or ordinances to the list of seizures to be reported; and
  • creates two law enforcement grants.

   HB 1020 looks to be a controversial one due to the change provided for in reporting agencies rather seizing agencies to file the required reports and the definition of “reporting agency.”

Lead Sponsors of House Bill 18-1020: Representative Leslie Herod (D-Denver) 866-2959; and Senators Tim Neville (R-Denver, Boulder, Gilpin and Jefferson, and Daniel Kagan (D-Arapaho) 866-4846.

Senate Bill 18-089:  The legislative declaration of SB 89 states the General Assembly finds that “while some forms of initiation constitute acceptable behavior, hazing sometimes degenerates into a dangerous form of intimidation and degradation.”

Also recognized is that “although certain criminal statutes cover the more egregious hazing activities, other activities that may not be covered by existing criminal statutes may threaten the physical, emotional and psychological health of students and adults, or if not stopped early enough, may escalate into serious physical, emotional or psychological injury.

Further, in enacting this section, it is not the intent of the General Assembly to change the penalty for any activity that is covered by any other criminal statute, “including but not limited to assault, sexual assault, menacing and reckless endangerment.”

The further intent of HB 089 is to define hazing activities that are not covered by any other criminal statute, thus expanding the criminal act of hazing.

Lead Sponsors of Senate Bill 18-098:  Senator Angela Williams (D-Denver) 866-4864; and Representative Jovan Melton (D-Arapaho) 866-2919.

Senate Bill 18-090:  In this day of sexual harassment at the forefront of all the news, the subject matter of HB 090 is not a surprise. “Modernization of Language In Statutory Section Concerning Rights of Married Women” in statutory language referring to the “rights of married women” is now changed to “the rights of married persons” to be more inclusive. The fiscal impact analysis notes there is no fiscal impact on state or local government.

Here are some of the most significant changes SB 090 makes to Colorado Revised Statutes: 

  • Property ownership such as property, real and personal at the time of his or her marriage; and
  • any real, personal or mixed property that comes to him or her by descent, devise or bequest or the gift of any person except his or her husband or wife.

   Numerous other changes are made in the statutes, and will most likely be controversial, so if readers find themselves in the situation, it would be wise to consult with a divorce attorney familiar with the new law.

Lead Sponsors of Senate Bill 18-090: Senator Rachal Zenzinger (D-Jefferson) 866-4840; and Representative Edie Hooton (D-Boulder) 866-2915.

The reader's comments or questions are always welcome. E-mail me at doris@dorisbeaver.com.