ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session

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HB 2695: forfeiture; substitute assets; postdeprivation hearing

Sponsor: Representative Grantham, LD 12

Committee on Judiciary

Overview

Enables the court to order the forfeiture of substitute assets following a conviction to which forfeiture applies.

History

Following a person's conviction of an offense for which forfeiture applies, the court may order the forfeiture of any of the following:

1) Property the person acquired through the commission of the offense;

2) Property purchased using proceeds acquired during the commission of the offense; and

3) Any property the person used to commit or facilitate the offense (A.R.S. § 13-4304).

Racketeering is an offense in which forfeiture applies. Therefore, the property is subject to forfeiture following a conviction for racketeering if that property was involved in the illegal control of an enterprise. Substitute property refers to all other property, up to the cumulative value of the property involved in the illegal control of an enterprise (A.R.S. §§ 13-2312, 13-2314).

Provisions

1. Allows the court, following a conviction to which forfeiture applies, to order the forfeiture of substitute assets. (Sec. 1)

2. Specifies the state is authorized to return any property to the property owner. (Sec. 2)

3. Authorizes parties to file for a restitution or racketeering lien. (Sec. 2)

4. Makes technical changes. (Sec. 1)

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8.                   HB 2695

9. Initials LC/JH        Page 0 Judiciary

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