Colorado § 16-13-502 Definitions

Colorado Statutes

§ 16-13-502 — Definitions

Colorado·Title 16 Criminal·Art. Special Proceedings

As used in this part 5, unless the context otherwise requires:

(1)Contraband article means any controlled substance, as defined in section 18-18-102 (5), C.R.S., any other drug the possession of which is an offense under the laws of this state, any imitation controlled substance, as defined in section 18-18-420 (3), C.R.S., or any drug paraphernalia, as defined in section 18-18-426, C.R.S. (1.5) Conviction means a verdict of guilty by a judge or jury or a plea of guilty or nolo contendere that is accepted by the court or adjudication for an offense that would constitute a criminal offense if committed by an adult. (1.7) Instrumental means a substantial connection exists between the property and the unlawful use of the property. (1.8) Proceeds traceable or traceable proceeds mea

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As used in this part 5, unless the context otherwise
requires:

(1) Contraband article means any controlled substance, as defined in
section 18-18-102 (5), C.R.S., any other drug the possession of which is an offense
under the laws of this state, any imitation controlled substance, as defined in
section 18-18-420 (3), C.R.S., or any drug paraphernalia, as defined in section 18-18-426, C.R.S.

(1.5) Conviction means a verdict of guilty by a judge or jury or a plea of
guilty or nolo contendere that is accepted by the court or adjudication for an
offense that would constitute a criminal offense if committed by an adult.

(1.7) Instrumental means a substantial connection exists between the
property and the unlawful use of the property.

(1.8) Proceeds traceable or traceable proceeds means all property, real
and personal, corporeal and incorporeal, which is proceeds attributable to, derived
from, or realized through, directly or indirectly, a subject act described in section
16-13-503, whether proved by direct, circumstantial, or documentary evidence.
There shall be no requirement of showing of a trail of documentary evidence to
trace proceeds if the standard of proof by clear and convincing evidence is met.

(2) Seizing agency means any agency that is charged with the enforcement
of the laws of this state, of any other state, or of the United States relating to
controlled substances and that has participated in a seizure or has been
substantially involved in effecting a forfeiture through legal representation
pursuant to this part 5; except that the filing of any lien against property forfeited
under this part 5 by the governing body or agency thereof of any seizing agency
after the date of seizure shall preclude such agency from participating pursuant to
this part 5 as a seizing agency and shall deny any such agency from receiving any
proceeds under this part 5. The department of corrections and a multijurisdictional
task force shall be deemed to be included under this definition.

(3) Vehicle means any device of conveyance capable of moving itself or of
being moved from place to place upon wheels, tracks, or water or through the air,
whether or not intended for the transport of persons or property, and includes any
place therein adapted for overnight accommodation of persons or animals or for the
carrying on of business.

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Legislative History

Source: L. 84: Entire part added, p. 505, � 1, effective July 1. L. 87: (2) amended, p. 639, � 15, effective July 1. L. 92: (1) amended, p. 391, � 18, effective July 1. L. 95: (2) amended, p. 872, � 5, effective May 24. L. 2002: (1.5) and (1.7) added and (2) amended, p. 924, � 8, effective July 1. L. 2003: (1.8) added, p. 904, � 15, effective July 1.