HB 2072 - Civil Forfeiture; Criminal Conviction

• Requires a criminal conviction (or determination that conviction is impossible) before property can be forfeited in most cases, with limited exceptions for real property and when the defendant is unavailable or unidentifiable.

• Shifts the burden of proof: once a claimant establishes ownership interest in seized property by preponderance of evidence, the state must prove by clear and convincing evidence that the property is subject to forfeiture under section 13-4304.

• Establishes a new pretrial replevin hearing process allowing defendants or property owners to request return of seized property if it is likely to be returned, not needed for investigation, or necessary for legal representation.

• Removes the "uncontested forfeiture" procedure previously available under section 13-4309 and replaces it with judicial forfeiture requirements that follow criminal conviction standards.

• Modifies reporting requirements for forfeiture cases to track whether civil forfeitures were judicial proceedings, eliminating references to uncontested forfeiture methods in state and county reporting forms.