A new bill, HB 2810, has been passed by the Arizona legislature and is headed to Governor Ducey for signature. If signed, the new law would make sweeping changes to Arizona’s current asset forfeiture law, which is one of the harshest in the country.
What Does Civil Asset Forfeiture Mean?
Civil asset forfeiture is a procedure in which the government is able to seize property used in or derived from criminal activity. The controversy concerning forfeiture centers largely on the prerequisites of an asset seizure. Specifically, forfeiture does not require a conviction for the underlying criminal offense prior to seizure of the property. While the concept of civil forfeiture was aimed initially at organized crime, many cases relate to suspected illegal drug activities. The seized assets could be cash, a car, a boat, a house – anything suspected of being used in the alleged crime.
Civil Asset Forfeiture in Arizona
In most places in the country, the police are required, prior to the seizure of property under the civil forfeiture law, to show, by a preponderance of the evidence – that it is more likely than not – that the property was used in connection with the alleged wrongdoing. Unlike a criminal case, there is no requirement that the criminal activity (and the connection of the asset to that activity) be proven beyond a reasonable doubt.
In Arizona, the standard for forfeiture is even less stringent. Here, you do not even have to be charged with an offense before your property is taken by the state. In addition, in order to get the property back, the burden is on the property owner to prove that the property was not involved in criminal activity.
HB 2810 seeks to remedy the current situation by requiring a conviction for the underlying offense prior to forfeiture of property; shifting the burden of proof to the state to prove the property was utilized in furtherance of the crime; and making several other changes that cause the process to become less Draconian than it has been.
The bill has been passed and is awaiting action by the Governor.
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