Colorado Code
Part 5 - Colorado Contraband Forfeiture Act
§ 16-13-509. Evidentiary Presumption






(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.