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AZ SB1574
Bill
Status
2/5/2024
Primary Sponsor
Sonny Borrelli
Click for details
AI Summary
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Amends Arizona forfeiture laws to require criminal conviction or waiver of conviction before seizing proceeds from drug offenses for financial gain.
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Requires all seized property to be returned to owners within ten business days unless the owner is arrested and charged with a forfeiture offense, property is needed as evidence, possession is illegal, or the property was abandoned.
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Clarifies that "abandoned property" means property where a person intentionally relinquished control, and prohibits law enforcement from inducing persons to sign documents disclaiming property rights.
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Establishes that possession of cash or cards alone is insufficient probable cause for seizure, but may be considered as one factor among other circumstances indicating criminal activity.
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Requires court determination of probable cause before real property or substitute assets can be seized for forfeiture, with possible ex parte proceedings if notice would risk public safety.
Legislative Description
Property seizure; forfeiture
Definitions
Last Action
Senate JUD Committee action: Held, voting: (0-0-0-0)
2/15/2024