Courts would provide legal help in civil property forfeiture cases

An indigent person in a civil asset forfeiture case may request legal representation through a state-funded program. The provision covers people who claim an interest in property involved in a civil asset forfeiture or public-nuisance case. The program may provide representation only while money is available in its fund. A person may choose private counsel or represent themselves. After counsel begins representation, the court must grant a continuance of at least 21 days unless counsel waives it. The act takes effect July 1, 2026, and applies to forfeiture actions started on or after that date. The state court administrator must enter a service agreement by December 1, 2026.

Courts would generally require an owner's criminal conviction before entering a forfeiture judgment and would pause related forfeiture proceedings while criminal charges are pending. These rules apply to forfeiture proceedings under the public-nuisance and related forfeiture provisions in sections 16-13-307 and 16-13-505. The court may proceed without the owner's conviction in specified situations, including lack of standing, failure to file a claim, the required conviction of a nonowner, the owner's death after qualifying conduct, a deferred judgment or diversion program, or a waiver to settle the case. For a property claim tied to a nonowner's offense, the plaintiff must prove the required facts by clear and convincing evidence, and the nonowner must be convicted of the related offense. If criminal charges are dismissed or the person is acquitted, the claim generally must be dismissed and the property returned unless an exception applies or possession is illegal. The provisions apply to forfeiture actions started on or after July 1, 2026. A required stay lasts until the related criminal charges are resolved, but not during an appeal or post-conviction challenge.

The state would direct forfeited-property money and other funds to support forfeiture defense counsel and administer a civil asset forfeiture portal. The funding supports legal defense for indigent forfeiture defendants and portal administration by the state court administrator and the Department of Local Affairs. The defense fund may receive money from forfeited property, gifts, grants, donations, and legislative transfers, subject to the stated funding limits. Beginning in the 2027-28 fiscal year, the General Fund may not fund the defense fund. A private contractor is not required to provide defense services when no balance remains in the fund. For the 2026-27 fiscal year, $556,750 is appropriated for the defense contract and $55,000 is appropriated for portal administration. The act takes effect July 1, 2026. On that date, unspent money in the law enforcement community services grant fund must be transferred to the defense fund; the stated appropriations apply to fiscal year 2026-27.