Signed by Governor Doug Ducey

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill requiring prosecutors and law enforcement officers to provide "clear and convincing" evidence that property was involved in a crime before seizing property or cash.

Highlights:

• Increases the standard of evidence for the civil asset seizure and forfeiture processes from preponderance of evidence to clear and convincing evidence (Sections 3, 5, 6 & 7).

• Authorizes the court to award reasonable attorney fees, expenses and damages for loss of the use of property to any claimant who substantially prevails (Sec. 8).

• Removes the requirement that the court order a claimant who fails to establish that the entire claim or interest is exempt from forfeiture to (Sec. 8):

• Pay the costs of any claimants who establish that their entire interests are exempt; and

• Pay the state's costs and expenses of the investigation, prosecution and attorney fees

• Authorizes a claimant to receive costs or damages if the court enters a finding that there was reasonable cause for the forfeiture proceedings (Sec. 8).

• Prohibits fees from being charged to an owner or interest holder for filing a claim against property included in a notice of forfeiture (Sec. 6).

• Repeals the provision that prohibited evidence suppression in forfeiture hearings on the grounds that its acquisition by search or seizure violated constitutional protections from unreasonable searches or seizures that apply in criminal cases (Sec. 5).

• Repeals the provision that granted immunity to the seizing entities and state attorney if the court finds there was a reasonable cause for forfeiture proceeding (Sec. 8).

• Requires any agency applying for funds from an ARRF to submit to the attorney general or county attorney a written application with a description of how the funds will be used (Sections 1 & 2).

• Authorizes the attorney general or county attorney to deny an application that requests monies for purposes not authorized by statute or federal law (Sections 1 & 2).

• Requires the county attorney to submit an application that includes the intended use for ARRF monies to the BOS before the monies may be used (Sec. 2).

• Requires the board of supervisors to approve any application that requests monies for purposes authorized by statute or federal law (Sec. 2).

• Prohibits the seizing agency and state attorneys from entering into any agreement that would transfer or refer seized property to a federal agency unless the property includes more than $100,000 (Sec. 4):

• The seizing agency may transfer or refer the seized property to a federal agency for forfeiture pursuant to federal law if the property includes more than $100,000.

• Does not restrict collaboration with a federal agency through an intergovernmental joint task force.

Full Bill Text