AZ HB2695

Adds substitute assets as a category of property subject to forfeiture under section 13-4304, allowing courts to order forfeiture of substitute assets as prescribed in section 13-2314 and in accordance with section 13-4305.

Modifies the postdeprivation hearing process in section 13-4309 to clarify that a defendant may use seized property to pay for legal representation only if no other person has filed a claim to the property as a victim of the alleged crime that gave rise to the forfeiture.

Adds clarifying language to section 13-4309 stating that the postdeprivation hearing provisions do not prevent the state from returning property to the owner or the filing of racketeering liens or restitution liens.

Requires the state to file an answer or responsive motion at least ten days before a postdeprivation hearing, explaining why it is entitled to retain possession of the property.

Provides that a claimant's motion for return of property must be granted if the court finds it is likely the final judgment will require return of the property, the property is not needed for evidence, or the property is the only reasonable means to pay for legal representation (subject to victim claim exceptions).