(1.5) Notwithstanding any other provision of this part 5 to the contrary, the plaintiff shall have the burden of proving, by clear and convincing evidence, only the facts that give rise to the presumption that currency is contraband property pursuant to subsection (1) of this section. However, when a preponderance of credible evidence is adduced to rebut a presumption that has arisen pursuant to subsection (1) of this section, the burden of proof shall revert to the plaintiff to prove, by clear and convincing evidence, the elements of the plaintiff's case with respect to the currency.
Source: L. 87: Entire section added, p. 644, § 24, effective July 1. L. 2003: IP(1) amended and (1.5) added, p. 896, § 7, effective July 1.
Structure Colorado Code
Title 16 - Criminal Proceedings
Article 13 - Special Proceedings
Part 5 - Colorado Contraband Forfeiture Act
§ 16-13-501.5. Legislative Declaration
§ 16-13-504.5. Limitations on Receipt of Forfeiture Payments From Federal Agencies
§ 16-13-505. Forfeiture Proceedings
§ 16-13-506. Final Order - Disposition of Property
§ 16-13-507. Disposition of Contraband Article or Property
§ 16-13-509. Evidentiary Presumption