HB 2810 Summary

• Requires criminal conviction before civil asset forfeiture can proceed in most cases, with limited exceptions when the defendant dies, flees, was granted immunity, or abandoned the property.

• Establishes "innocent owner" protections requiring the state to prove by clear and convincing evidence that an owner had actual knowledge of the underlying crime before forfeiting their property.

• Creates a postdeprivation hearing process allowing seized property claimants to request return of property within 60 days, with courts required to hold hearings within 30 days and grant release if likely the claimant will prevail or property is needed for legal representation.

• Prohibits seizure of currency, debit cards, or credit cards based solely on their presence without other indicia of criminal activity subject to forfeiture.

• Strengthens reporting requirements for forfeiture cases to the Arizona Criminal Justice Commission, including detailed information about seizures, forfeiture methods, claims filed, and outcomes of related criminal cases.