§ 13-80-103.8 — Limitation of civil forfeiture actions related to criminal acts

Colorado § 13-80-103.8

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Limitations - Personal Actions

Text

(1) The following actions shall be commenced within five years after the cause of
action accrues, and not thereafter:

(a) All actions brought pursuant to section 12-145-113 (2);

(b) All actions brought pursuant to part 3 of article 13 of title 16, C.R.S.;

(c) All actions brought pursuant to part 5 of article 13 of title 16, C.R.S.;

(d) All civil actions brought pursuant to article 17 of title 18, C.R.S.;

(e) All civil actions brought pursuant to section 42-5-107, C.R.S.

(2) A cause of action shall be deemed to have accrued pursuant to
subsection (1) of this section at such time as the alleged offense or conduct giving
rise to the claim was discovered. If, when a cause of action accrues against a person
pursuant to subsection (1) of this section, such person is out of this state and not
subject to service of process or has concealed himself, or the property which is the
subject of such a cause of action is concealed or absent from this state, the period
limited for the commencement of the action by the statute of limitations pursuant
to this section shall not begin to run until such person comes into this state or such
property is no longer out of this state or concealed. If, after the cause of action
accrues, such person departs from this state and is not subject to service of
process or conceals himself, the time of his absence while not subject to service of
process or the time of his concealment while not subject to service of process, or
any period of time the property which is the subject of such cause of action is
removed from this state, shall not be computed as a part of the period within which
the action must be brought.

(3) For purposes of computing time pursuant to this section, possession or
control of the following forms of property by any person subject to a cause of
action pursuant to subsection (1) of this section shall be deemed to be a continuing
offense or continuing conduct:

(a) All currency, negotiable instruments, securities, or other things of value
furnished or intended to be furnished by any person in exchange for any alleged
offense or conduct giving rise to a cause of action;

(b) All proceeds of any alleged offense or conduct giving rise to a cause of
action;

(c) All currency, negotiable instruments, or securities intended to be used to
facilitate any alleged offense or conduct giving rise to a cause of action;

(d) All property derived from or realized through any alleged offense or
conduct giving rise to a cause of action.

Legislative History

Source: L. 90: Entire section added, p. 984, � 3, effective April 24. L. 2019: (1)(a) amended, (HB 19-1172), ch. 136, p. 1668, � 76, effective October 1.