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AZ HB2369

Bill

Status

Introduced

1/25/2016

Primary Sponsor

Bob Thorpe

Click for details

Origin

House of Representatives

Fifty-second Legislature - Second Regular Session (2016)

AI Summary

  • Requires criminal conviction before judicial forfeiture proceedings can be initiated in most cases, with limited exception for abandoned property.

  • Establishes pretrial replevin hearings allowing defendants to challenge property seizures and seek return of property needed for legal representation before trial.

  • Shifts burden of proof by presuming seized property is exempt from forfeiture once an owner establishes ownership interest, requiring the state to prove forfeiture rather than defendant proving exemption.

  • Adds public disclosure requirements for forfeited property through searchable website maintained by Arizona Criminal Justice Commission, detailing seized items, case dispositions, and use of forfeiture proceeds.

  • Restricts federal transfers of seized property valued under $50,000 and prohibits partnerships with federal agencies designed to circumvent state criminal conviction requirements.

Legislative Description

Forfeiture; criminal conviction; procedures; remedies

Last Action

Referred to House JUD Committee

1/26/2016

Full Bill Text

No bill text available