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AZ HB2032

Bill

Status

Introduced

1/13/2020

Primary Sponsor

John Fillmore

Click for details

Origin

House of Representatives

Fifty-fourth Legislature - Second Regular Session (2020)

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Full Bill Text

No bill text available