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AZ HB2032
Bill
Status
1/13/2020
Primary Sponsor
John Fillmore
Click for details
AI Summary
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Amends Arizona forfeiture law to require a criminal conviction before property can be forfeited in most cases, with limited exceptions for cases where conviction is impossible due to death, incompetence, or unavailability of the defendant.
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Eliminates uncontested civil forfeiture procedures and repeals the previous section 13-4309, replacing it with a pretrial replevin hearing process allowing defendants to challenge seizure validity and potentially recover property needed for legal representation.
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Shifts the burden of proof in forfeiture proceedings so that once a claimant establishes ownership interest, the state must prove by clear and convincing evidence that the property should be forfeited, rather than the claimant proving an exemption.
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Expands reporting requirements for law enforcement agencies and prosecutors regarding forfeitures, including detailed information about seizures, case outcomes, and whether forfeiture was judicial or through other means.
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Modifies racketeering definitions to require that criminal conduct "results in a conviction" rather than merely being "chargeable or indictable," aligning civil RICO forfeiture with criminal conviction requirements.
Legislative Description
Civil forfeiture; criminal conviction
Criminal Code - Title 13
Last Action
House read second time
1/16/2020