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AZ HB2369
Bill
Status
1/25/2016
Primary Sponsor
Bob Thorpe
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AI Summary
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Requires criminal conviction before judicial forfeiture proceedings can be initiated in most cases, with limited exception for abandoned property.
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Establishes pretrial replevin hearings allowing defendants to challenge property seizures and seek return of property needed for legal representation before trial.
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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.
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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.
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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