ASSET FORFEITURE: ARIZONA
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Hi, Alan. Nice forfeiture.
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Current Law
Arizona Law Requires Criminal Conviction for Asset Forfeiture
Bill Link: HB2810
Effective Date: 9/29/2021
Overview: An Arizona law went into effect on September 29, 2021, reforming the state’s asset forfeiture laws and prohibiting law enforcement from taking a person’s property without a criminal conviction in most cases. The new law builds on important reforms signed into law in 2017 that opted Arizona out of a federal forfeiture program.
Arizona law now requires a criminal conviction before the prosecutors can begin forfeiture proceedings in most cases. The bill also includes provisions that increase protections for property owners involved in the forfeiture process, including requiring an arrest before any property can be seized and the prompt return of property if no criminal case exists.
Arizona Law Takes On State, Federal Asset Forfeiture
House Bill 2477 (HB2477)
Bill Link: HB2477
Effective Date: 8/9/2017
Overview: An Arizona law reforming the state’s civil asset forfeiture process went into effect on August 9, 2017. The law also took on federal forfeiture programs by banning prosecutors from circumventing state laws by passing cases off to the feds. The law required prosecutors to establish a higher evidentiary standard for asset forfeiture. Under the old process, the law only required a preponderance of the evidence. HB2477 raised that, requiring police and prosecutors to provide “clear and convincing evidence” the property was linked to a crime. While the law did not require a criminal conviction before proceeding with asset forfeiture, it took a step toward reforming Arizona’s forfeiture laws under that essential standard.
HB2477 also drastically increased transparency. It established stringent asset forfeiture reporting requirements law enforcement agencies must follow. Additionally, police will have to detail how seized funds are spent. Under the law, prosecutors must receive county board of supervisor approval before spending forfeiture proceeds.
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Watch This
4 Essential Steps to Nullify Federal Gun Control
All gun control is a violation of your natural right to keep and bear arms. But the ATF and their partners in local law enforcement aren’t going to stop themselves. When it comes to violations from the federal government, it takes sound strategy – and a lot of fortitude and perseverance on the part of the people. (podcast here)
Essential Reading
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Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged.
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s.