SB 17-136

Senate Bill 17-136, which has been signed into law in Colorado, requires government agencies to report detailed information about property seizures and forfeitures on a public website. This includes how the proceeds from these actions are used by the agencies involved. The bill also mandates annual financial audits of seized assets and their expenditures, ensuring transparency and accountability. Additionally, it restricts local agencies from transferring seized items valued under $100,000 to federal authorities for further legal action. This law affects all government entities that handle property seizures and impacts public oversight by making this information easily accessible online. Since the bill has been signed, these requirements are now in effect.

Official Summary

The bill requires the division of criminal justice in the department of public safety (division) to establish and maintain a website containing: Specified information on each criminal forfeiture involving property; and Specified information on how each governmental agency that received proceeds from forfeitures used those proceeds. The bill requires each governmental agency involved in seizing property under forfeiture statutes (seizing agency) to update the information posted on the division's website and establishes consequences if a seizing agency fails to update the website in a timely manner. The executive director of the department of public safety (executive director) is authorized to adopt rules concerning the website. The state auditor is required to annually perform a financial audit of seized property and expenditures of forfeiture proceeds and submit a report on the audit to certain committees of the general assembly and to the executive director. The executive director shall submit an annual report to certain committees and officers summarizing seizure and forfeiture activities in the state. The bill prohibits a seizing agency from transferring or referring seized property to a federal governmental agency for forfeiture litigation unless the property includes currency in excess of $100,000. The bill authorizes the division to charge a seizing agency a fee when the seizing agency updates the website to offset the division's costs of developing and maintaining the website. The bill establishes a cash fund for the fees. The bill clarifies that information and reports developed pursuant to the bill are public records subject to inspection under the 'Colorado Open Records Act'. (Note: This summary applies to this bill as introduced.)

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