reglab/housing_qa huggingface dataset:
CO Code § 16-12-207 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 12 - Review of Judgments in Criminal Cases|Part 2 - Unitary Review in Death Penalty Cases|§ 16-12-207. Supreme Court - Appeal - Filing of Notice

     If the defendant waives his or her right to postconviction review as provided in section 16-12-204, but intends to proceed with direct appeal, trial counsel, direct appeal counsel, if appointed or retained, or the defendant, if proceeding on direct appeal without counsel, shall file any notice of appeal for purposes of direct appeal in the Colorado supreme court.    If the trial court conducts postconviction review and the defendant intends to seek direct appeal or postconviction review appeal, the notices of appeal, including both direct appeal and postconviction review appeal issues, shall be filed in the Colorado supreme court.       Any appeal to the Colorado supreme court filed by the defendant pursuant to this part 2 shall consolidate and resolve, in one proceeding, all direct appeal and postconviction review appeal issues.    The prosecution may appeal any final ruling by the trial court in the course of proceedings pursuant to this part 2, including but not limited to:   A ruling granting a motion for new trial or other relief; and    A ruling by the trial court granting postconviction relief; and    A ruling by the trial court that any statute, including but not limited to a statute providing for the imposition of the death penalty, is adjudged inoperative or unconstitutional for any reason.       Any appeal filed by the defendant or by the prosecution pursuant to this part 2 shall be taken directly to the Colorado supreme court.     History. Source: L. 97: Entire part added, p. 1579, § 1, effective June 4.
CO Code § 16-12-209 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 12 - Review of Judgments in Criminal Cases|Part 2 - Unitary Review in Death Penalty Cases|§ 16-12-209. Limitation on Postconviction Review

  No further postconviction review is available to the defendant after the time specified by supreme court rule for filing a petition for postconviction review has expired. Any claim or petition filed thereafter shall be deemed waived and shall be dismissed summarily unless the defendant establishes that:   The failure to raise the claim within the time limit was the direct result of interference by government officials with the presentation of the claim in a manner which violated the constitution or laws of the United States or Colorado; or    The facts upon which the claim are based were unknown to the defendant and could not have been ascertained by the exercise of due diligence; or    The right asserted by the defendant is a constitutional right that was recognized by the supreme court of either the United States or Colorado after the time limits specified by supreme court rule for the filing of the petition for postconviction review had expired and the constitutional right applies retroactively.       If the defendant files a motion for postconviction review raising any of the grounds specified in subsection (1) of this section, the motion shall be filed with the trial court within thirty-five days after the date upon which the grounds are discovered.     History. Source: L. 97: Entire part added, p. 1581, § 1, effective June 4. L. 2012: (2) amended,(SB 12-175), ch. 208, p. 856, § 89, effective July 1.
CO Code § 16-12-210 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 12 - Review of Judgments in Criminal Cases|Part 2 - Unitary Review in Death Penalty Cases|§ 16-12-210. Severability

 If any provision of this part 2 or the application of this part 2 to any person or circumstance is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this part 2 that can be given effect without the invalid or unconstitutional provision or application. Therefore, to this end, the provisions of this part 2 are declared to be severable.   History. Source: L. 97: Entire part added, p. 1581, § 1, effective June 4.
CO Code § 16-13-304 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 13 - Special Proceedings|Part 3 - Abatement of Public Nuisance|§ 16-13-304. Class 2 Public Nuisance

  The following are deemed to be a class 2 public nuisance:   Any place where people congregate, which encourages a disturbance of the peace, or where the conduct of persons in or about that place is such as to annoy or disturb the peace of the occupants of or persons attending such place, or the residents in the vicinity, or the passersby on the public street or highway; or    Any public or private place or premises which encourages professional gambling, unlawful use, sale, or distribution of imitation controlled substances, as defined in section 18-18-420 (3), C.R.S., drugs, controlled substances, as defined in section 18-18-102 (5), C.R.S., or other drugs the possession of which is an offense under the laws of this state, furnishing or selling intoxicating liquor to minors, furnishing or selling fermented malt beverages to persons under the age of twenty-one, solicitation for prostitution, or traffic in stolen property; or  (b.5) Any public or private place or premises used for soliciting by means of a prerecorded message in violation of section 18-9-311 (1) , C.R.S.; or     Any public or private place used for a purpose declared to be a class 2 public nuisance by any other statute of this state.        History. Source: L. 72: R&RE, p. 260, § 1. C.R.S. 1963: § 39-13-304 . L. 81: (1)(b) amended, p. 737, § 18, effective July 1. L. 83: (1)(b) amended, p. 704, § 3, effective July 1. L. 88: (1)(b.5) added and (1)(c) amended, p. 346, § 12, effective July 1. L. 92: (1)(b) amended, p. 391, § 17, effective July 1. L. 95: (1)(b) amended, p. 463, § 6, effective July 1.    ANNOTATION   Law reviews. For article, “State and Federal Forfeiture of Property Used in Criminal Activity”, see 11 Colo. Law. 2597 (1982).   Annotator's note. Since § 16-3-304 is similar to repealed § 39-15-2 , CRS 1963, and laws antecedent to CSA, C 1, § 2, relevant cases construing those provisions have been included in the annotations to this section.   Information alleging encouragement of illegal acts sufficient. In an information charging that defendant kept a disorderly house to the encouragement of drinking, gambling, or lewdness, it is not essential that particular acts should be set out in the information, because the charge is that the house was kept to the encouragement of those acts, and not that the defendant was guilty of the acts themselves. Howard v. People, 27 Colo. 396 , 61 P. 595 (1900).   Evidence sufficient to establish conduct of patrons was nuisance requiring abatement. Steinberg v. People ex rel. Keating, 154 Colo. 264 , 390 P.2d 811 (1964).   Evidence sufficient to support finding of knowledge of solicitation for prostitution on premises. Edelweiss, Inc. v. People ex rel. Keating, 154 Colo. 154 , 389 P.2d 189 (1964).
CO Code § 16-13-305 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 13 - Special Proceedings|Part 3 - Abatement of Public Nuisance|§ 16-13-305. Class 3 Public Nuisance

  The following are a class 3 public nuisance:   The conducting or maintaining of any business, occupation, operation, or activity prohibited by a statute of this state; or    The continuous or repeated conducting or maintaining of any business, occupation, operation, activity, building, land, or premises in violation of a statute of this state; or    Any building, structure, or land open to or used by the general public, the condition of which presents a substantial danger or hazard to public health or safety; or    Any dilapidated building of whatever kind which is unused by the owner, or uninhabited because of deterioration or decay, which condition constitutes a fire hazard, or subjects adjoining property to danger of damage by storm, soil erosion, or rodent infestation, or which becomes a place frequented by trespassers and transients seeking a temporary hideout or shelter; or    Any unlawful pollution or contamination of any surface or subsurface waters in this state, or of the air, or any water, substance, or material intended for human consumption, but no action shall be brought under this paragraph (e) if the state department of public health and environment or any other agencies of state or local government charged by and acting pursuant to statute or duly adopted regulation have assumed jurisdiction by the institution of proceedings on that pollution or contamination. Nothing in this paragraph (e) shall abridge the right of any person to institute a private nuisance action or of any district attorney to institute a public nuisance action under the common law or other statutory law of this state.    Any activity, operation, or condition which, after being ordered abated, corrected, or discontinued by a lawful order of an agency or officer of the state of Colorado, continues to be conducted or continues to exist in violation of:   Any statute of this state;    Any regulation enacted pursuant to the authority of a statute of this state; or       Any condition declared by a statute of this state to be a class 3 public nuisance.        History. Source: L. 72: R&RE, p. 261, § 1. C.R.S. 1963: § 39-13-305 . L. 94: (1)(e) amended, p. 2732, § 354, effective July 1.    Cross references:   For the legislative declaration contained in the 1994 act amending subsection (1)(e), see section 1 of chapter 345, Session Laws of Colorado 1994.   ANNOTATION   Law reviews. For article, “State and Federal Forfeiture of Property Used in Criminal Activity”, see 11 Colo. Law. 2597 (1982).
CO Code § 16-13-306 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 13 - Special Proceedings|Part 3 - Abatement of Public Nuisance|§ 16-13-306. Class 4 Public Nuisance

 If any person carries on or practices any profession or calling or operates any business required to be licensed by the laws of the state of Colorado without first procuring a license therefor, or carries on or practices such profession or calling or operates such business after the license therefor required by the laws of the state of Colorado has been lawfully canceled or revoked, the carrying on or practicing of such profession or calling, or the operation of such business without a license is a class 4 public nuisance and may be restrained and abated.   History. Source: L. 72: R&RE, p. 261, § 1. C.R.S. 1963: § 39-13-306 .    ANNOTATION   Law reviews. For article, “State and Federal Forfeiture of Property Used in Criminal Activity”, see 11 Colo. Law. 2597 (1982).   Annotator's note. Since § 16-13-306 is similar to repealed § 39-15-2 , CRS 53, a relevant case construing that provision has been included in the annotations to this section.   The fact that no property or pecuniary interest of the plaintiff is involved is no answer to a suit to enjoin practice of a profession without a license, where the action is in behalf of the public. Conway-Bogue Realty Inv. Co. v. Denver Bar Ass'n, 135 Colo. 398 , 312 P.2d 998 (1957).   As public need not prove irreparable injury. In general, a court will grant an injunction only where there is imminent danger, irreparable injury, or damage to the plaintiff; however, in order to restrain an unlicensed person from practicing a profession it is not necessary to prove irreparable injury or the threat thereof, where the suit is in behalf of the public. Conway-Bogue Realty Inv. Co. v. Denver Bar Ass'n, 135 Colo. 398 , 312 P.2d 998 (1957).
CO Code § 16-13-306.5 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 13 - Special Proceedings|Part 3 - Abatement of Public Nuisance|§ 16-13-306.5. Limitations on Receipt of Forfeiture Payments From Federal Agencies

  A seizing agency or participant in any joint task force or other multijurisdictional collaboration shall accept payment or distribution from a federal agency of all or a portion of any forfeiture proceeds resulting from adoption or a joint task force or other multijurisdictional collaboration only if the aggregate net equity value of the property and currency seized in a case is in excess of fifty thousand dollars and a forfeiture proceeding is commenced by the federal government and relates to a filed criminal case.    Subsection (1) of this section shall not be construed to restrict seizing agencies from collaborating with a federal agency to seize property that the seizing agency has probable cause to believe is the proceeds or instruments of a crime through an intergovernmental joint task force.     History. Source: L. 2017: Entire section added,(HB 17-1313), ch. 403, p. 2106, § 2, effective August 9.
CO Code § 16-13-312 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 13 - Special Proceedings|Part 3 - Abatement of Public Nuisance|§ 16-13-312. Violation of Injunction

 Any violation or disobedience of any injunction or order issued by the court in an action to abate a public nuisance shall be punished as a contempt of court by a fine of not less than two hundred dollars nor more than two thousand dollars; but the court may treat each day on which the violation or disobedience of an injunction or order continues or recurs as a separate contempt and may impose a fine, in addition to the fine provided in this section, in an amount not to exceed five hundred dollars per day.   History. Source: L. 72: R&RE, p. 264, § 1. C.R.S. 1963: § 39-13-312 .    ANNOTATION   Unlicensed party punished for contempt for holding himself out as an attorney at law. People ex rel. Attorney Gen. v. Brown, 126 Colo. 222 , 247 P.2d 682 (1952) (decided under repealed CSA, C 1, § 1).
CO Code § 16-13-313 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 13 - Special Proceedings|Part 3 - Abatement of Public Nuisance|§ 16-13-313. Fees - Costs and Fines - Lien and Collection

  For removing and selling personal property as provided in this part 3, the sheriff shall be entitled to charge and receive the same fees as he would for levying upon and selling like property on execution.    For seizing and closing any building, premises, or vehicle as provided in this part 3, or for performing other duties pursuant to the direction of the court pursuant to the provisions of this part 3, the sheriff shall be entitled to a reasonable sum fixed by the court, in addition to the actual costs incurred or expended.    All fees and costs allowed by the provisions of this section, the costs of court action to abate any public nuisance, and all fines levied by the court in contempt proceedings incident to an action to abate a public nuisance shall be a first and prior lien upon any real or personal property seized under the provisions of this part 3, and the same shall be enforceable and collectible by execution issued by order of the court, from the property of any person liable therefor.     History. Source: L. 72: R&RE, p. 265, § 1. C.R.S. 1963: § 39-13-313 . L. 81: (2) amended, p. 958, § 8, effective July 1.
CO Code § 16-13-315 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 13 - Special Proceedings|Part 3 - Abatement of Public Nuisance|§ 16-13-315. Seizure of Personal Property

  Any personal property subject to seizure, confiscation, or forfeiture under the provisions of this part 3 may be seized:   Pursuant to any writ, order, or injunction issued under the provisions of this part 3; or    Under the authority of a search warrant; or    By any peace officer or agent of a seizing agency with probable cause to believe that such property is a public nuisance or otherwise subject to confiscation and forfeiture under this part 3 if the seizure is incident to a lawful search or arrest.       The provisions of this section shall not be construed to limit or forbid the seizure of any such personal property in any manner now or hereafter required, authorized, or permitted by law.    If a rental motor vehicle is seized pursuant to this part 3, the seizing agency shall notify the motor vehicle rental company of the seizure if the motor vehicle is identified as a rental motor vehicle. The motor vehicle rental company may appear at the seizing agency and request the return of the rental motor vehicle. The rental motor vehicle shall be returned to the motor vehicle rental company unless the motor vehicle must be maintained in the custody of the seizing agency for evidentiary purposes or if the seizing agency has probable cause to believe the motor vehicle rental company, at the time of rental, had knowledge or notice of the criminal activity for which the rental car was used.     History. Source: L. 72: R&RE, p. 265, § 1. C.R.S. 1963: § 39-13-315 . L. 87: (1)(b) amended and (1)(c) added, p. 638, § 11, effective July 1. L. 2002: (3) added, p. 924, § 7, effective July 1.    ANNOTATION   In civil suit for abatement of defendant's home and its contents as a public nuisance probable cause must be established showing that there is a substantial connection between property to be seized and nuisance activity. People v. Taube, 843 P.2d 79 (Colo. App. 1992).   Warrantless entry and search of defendant's home were invalid, and evidence would be suppressed, where conditions of subsection (1) were not met and search was not otherwise justified. People v. Taube, 864 P.2d 123 (Colo. 1993).   Court's finding of probable cause to believe that a house constituted a public nuisance was not equivalent to a finding that probable cause existed to enter and search the contents of the house. People v. Taube, 864 P.2d 123 (Colo. 1993).
CO Code § 16-13-501 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 13 - Special Proceedings|Part 5 - Colorado Contraband Forfeiture Act|§ 16-13-501. Short Title

 This part 5 shall be known and may be cited as the “Colorado Contraband Forfeiture Act”.   History. Source: L. 84: Entire part added, p. 505, § 1, effective July 1.
CO Code § 16-13-501.5 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 13 - Special Proceedings|Part 5 - Colorado Contraband Forfeiture Act|§ 16-13-501.5. Legislative Declaration

  It is the intent of the general assembly that proceedings under this part 5 be remedial in nature and designed to benefit the public good by appropriating contraband property for use by law enforcement.    It is also the policy of the general assembly that asset forfeiture pursuant to this part 5 shall be carried out pursuant to the following:   Generation of revenue shall not be the primary purpose of asset forfeiture.    No prosecutor's or law enforcement officer's employment or level of salary shall depend upon the frequency of seizures or forfeitures which such person achieves.    Each seizing agency shall have policies and procedures for the expeditious release of seized property which is not subject to forfeiture pursuant to this part 5, when such release is appropriate.    Each seizing agency retaining forfeited property for official law enforcement use shall ensure that the property is subject to controls consistent with controls which are applicable to property acquired through the normal appropriations process.    Each seizing agency which receives forfeiture proceeds shall conform with reporting, audit, and disposition procedures enumerated in this article.    Each seizing agency shall prohibit its employees from purchasing forfeited property.        History. Source: L. 87: Entire section added, p. 639, § 14, effective July 1. L. 93: Entire section amended, p. 626, § 1, effective July 1.
CO Code § 16-13-502 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 13 - Special Proceedings|Part 5 - Colorado Contraband Forfeiture Act|§ 16-13-502. Definitions

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