DENVER – Following one of the most productive legislative sessions in recent history for civil liberties, lawmakers from both parties received generally high marks on the ACLU of Colorado Legislative Scorecard, which was released this morning.
Fifty of Colorado’s 100 lawmakers scored a perfect 100% and 58 scored 80% or higher on the scorecard, which is based on votes on seven bills that were selected as the best representation of the civil liberties issues facing Colorado today.
Five bills supported by the ACLU of Colorado, ranging in topic from campus free speech to juvenile justice to civil asset forfeiture reform, all passed with the support of more than 70 legislators and are now law.
“Colorado lawmakers put aside partisan differences and came together to advance multiple policies that strengthen civil liberties in 2017, whether it was protecting young people and staff in juvenile corrections, reining in civil asset forfeiture, making birth control more accessible, or ensuring that college campuses are open to all opinions and viewpoints,” said ACLU of Colorado Policy Director Denise Maes.  “There are still areas to keep moving forward, particularly around criminal justice and homeless rights, and unfortunately, attacks against women, immigrants, and the LGBT community persist, but overall, 2017 was a highly-productive and cooperative session with a lot of progress to build on.”
Along with the five successful bills, the ACLU also scored a Senate vote on a bill to require ultrasounds and a waiting period for women seeking an abortion. The ACLU opposed the bill, and the Senate rejected it on a bipartisan 19-16 vote.
The scorecard also includes a House vote on HB 1230, an ACLU-supported bill to protect Colorado residents from unconstitutional or discriminatory policies from the federal government.  The bill passed the House, but was defeated in a Senate committee before it could be considered by the full chamber.
The ACLU of Colorado supported, opposed, or monitored more than 100 pieces of legislation during the 2017 session.  As a practice, the ACLU only scores bills that are voted on by all members of at least one chamber.  This prevented the scoring of several bills that the ACLU of Colorado supported, like the Right to Rest Act and repeal of the death penalty, that were defeated on committee votes.
The bills included in the 2017 ACLU of Colorado Scorecard are:
HB 1162 - Outstanding Judgments and Driver’s Licenses.  This bill decriminalizes the offense of “Driving Under Revocation” when a person’s driving license was canceled because they could not pay a ticket, so that jail time is no longer a penalty.  HB 1162 passed 79-21 and was signed on May 18.
HB 1186 - Health Coverage Prescription Contraceptives Supply. This bill gives women access to a longer supply of birth control by requiring insurers to cover a 12-month supply of prescription contraceptives.  HB 1186 passed 72-25 and was signed on June 5.
HB 1313 - Civil Forfeiture Reform. This bill mandates greater transparency and accountability in civil asset forfeiture, by requiring reporting of all actions that result in seizures and limiting the use of federal seizure law to property valued over $50,000. HB 1313 passed 81-19 and was signed on June 9.
HB 1329 - Reform Division of Youth Corrections. This bill refocuses the mission of the Division of Youth Corrections as rehabilitative, renaming it the Division of Youth Services. The bill also requires that the Division retain an outside consultant to evaluate all Division facilities and, together with the Division, develop a pilot program that relies on non-punitive approaches to caring for kids. HB 1329 passed 86-14 and was signed on June 6.
SB 062 - Student Free Speech Public Higher Education Campuses. This bill protects free speech on college campuses, by prohibiting public institutions of higher education from limiting or restricting lawful student expression in a student forum. SB 062 passed 99-0 and was signed on April 4.
SB 284 - A Woman’s Right to Accurate Health Care Information (Senate only). This bill would have mandated ultrasounds and a waiting period for women seeking an abortion. SB 284 was voted down 19-16 by the Senate.
HB 1230 - Protect Colorado Residents from Federal Government Overreach (House only). This bill intended to protect the rights of all Coloradans by ensuring that our state is not forced to participate in any federal government overreach, like religious registries, internment camps, or attempts to identify individuals by their race, religion, or nationality. HB 1230 passed the House, but was defeated by a 3 to 2 vote in the Senate Judiciary Committee.
View the 2017 ACLU of Colorado Legislative Scorecard:
https://aclu-co.org/sites/default/files/wp-content/uploads/2017/06/2017LEGSCWEB.pdf

DENVER – This afternoon, Governor John Hickenlooper signed HB 17-1313, a bill passed by more than three-fourths of the Colorado legislature to rein in civil asset forfeiture and ensure that property seizures in Colorado abide by due process protections in Colorado law. The ACLU of Colorado sent a letter on Tuesday urging the Governor to sign the bill and “not stand in the way of bipartisan reform.”
ACLU of Colorado Public Policy Director Denise Maes issued the following statement:

“The ACLU of Colorado applauds Governor Hickenlooper for listening to the thousands of constituents who weighed in over the last few weeks and signing HB 17-1313, Civil Asset Forfeiture Reform, into law.  We also welcome the Governor’s decision to create a task force to identify further reforms and improvements to civil asset forfeiture in Colorado.
“ACLU members and activists sent thousands of emails and made hundreds of calls to the Governor’s office in support of HB 17-1313. Clearly, this issue resonated deeply with many Coloradans who want more transparency and stronger due process protections when police take property.
“We also thank lead sponsors Representatives Leslie Herod and Stephen Humphrey and Senators Tim Neville and Daniel Kagan for their leadership and commitment to advancing this legislation through bipartisan cooperation.  Coloradans benefit when their legislators prioritize good policy over partisan politics, and HB 17-1313 is a great example of the progress that can be made when differing viewpoints come together in support of civil liberties.”
Resources: 

ACLU Urges Governor Hickenlooper to Sign Civil Asset Forfeiture Reform

ACLU Letter to Governor Hickenlooper:
http://static.aclu-co.org/wp-content/uploads/2017/06/ACLULetterCivilAsset6517.pdf

DENVER – In a letter from Public Policy Director Denise Maes, the ACLU of Colorado strongly urged Governor Hickenlooper to sign HB 17-1313, a bill passed by more than three-fourths of the Colorado legislature to rein in civil asset forfeiture and ensure that property seizures in Colorado abide by due process protections in Colorado law.
“Civil asset forfeiture reform passed the legislature by a combined vote of 81 to 19. It was supported by Republicans, Democrats, libertarians, progressives and just about everyone in between,” said Maes.  “Coloradans want and deserve stronger protections when property is taken by police, and Governor Hickenlooper should not unilaterally stand in the way of bipartisan reform.”
Civil asset forfeiture is a controversial practice in which law enforcement can seize – and then keep or sell – any property, including cash, vehicles, and even homes, that they allege is involved in a crime.
In 2002, the Colorado legislature strengthened Colorado’s civil forfeiture law, but police departments have increasingly avoided the requirements of that law by teaming up with federal agencies and seizing property under much less stringent federal law.  In 2014 alone, $13.5 million in assets were seized in Colorado under federal law.  HB 17-1313 closes that loophole by providing a clear incentive for property with a net worth of $50,000 or less to be seized under state law, not federal law.
“Opponents argue that HB 1313 will make crime fighting more difficult because if there are less forfeiture actions under federal law, local law enforcement agencies will get less money and, therefore, not be able to fight crime. This position is untenable and frankly, I’m surprised this argument is asserted with such vigor,” Maes wrote in the ACLU letter, which was sent by email to Governor Hickenlooper yesterday evening.
“Forfeiture was originally presented as a way to cripple large-scale criminal enterprises by diverting their resources. This argument by the opponents underscores the problem with forfeiture in that many police departments use forfeiture to benefit their bottom lines, making seizures motivated by profit rather than crime-fighting.”
HB 17-1313 also increases transparency into police forfeiture activities.  Departments will be required to detail to the public when they use civil asset forfeiture and list what was taken and what ultimately happened to the property.  Law enforcement will also have to report if the person from whom the property was taken was ever charged with or convicted of a crime.
“We ask that you reject the arguments set forth by the opponents of HB 1313. Forfeiture actions in Colorado should abide by Colorado law,” Maes wrote. “This bill returns us to the Colorado way and it’s a way that better protects the due process rights of Coloradans.”
Resources:

Read the ACLU of Colorado letter:
https://aclu-co.org/sites/default/files/wp-content/uploads/2017/06/ACLULetterCivilAsset6517.pdf