Colorado Revised Statutes Title 13. Courts and Court Procedure § 13-80-103.8. Limitation of civil forfeiture actions related to criminal acts

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(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 12-55.5-110(2), C.R.S.;

(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.

Cite this article: FindLaw.com - Colorado Revised Statutes Title 13. Courts and Court Procedure § 13-80-103.8. Limitation of civil forfeiture actions related to criminal acts - last updated January 01, 2019 | https://codes.findlaw.com/co/title-13-courts-and-court-procedure/co-rev-st-sect-13-80-103-8/


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