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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
property seizure; forfeiture
Purpose
Allows the presence or possession of U.S. currency, debit cards or credit cards to be considered as part of the totality of the circumstances of indicia of a crime in establishing probable cause for seizure.
Background
The court must determine probable cause for seizure before real property may be seized for forfeiture. In establishing probable cause for seizure, a rebuttable presumption exists that the property of any person is subject to forfeiture if the state establishes the following by clear and convincing evidence: 1) conduct giving rise to forfeiture occurred; 2) the person acquired the property during the period of the conduct giving rise to forfeiture or within a reasonable time after that period; and 3) there is no likely source for the property other than the conduct giving rise to forfeiture (A.R.S. § 13-4305).
Current statute subjects all property, including all interests in such property, to forfeiture if the owner is convicted of an offense to which forfeiture applies and the state establishes by clear and convincing evidence that the property is subject to forfeiture. After a person is convicted of an offense for which forfeiture applies, a court may order the person to forfeit: 1) property the person acquired through the commission of the offense; 2) property that is directly traceable to property acquired through the commission of the offense; 3) any property or instrumentality that the person used in the commission of the offense or to facilitate the offense; and 4) statutorily outlined substitute assets. The court may waive the conviction requirement if before conviction, the defendant or alleged criminal: 1) died; 2) no longer resides in the U.S. or was deported; 3) was granted immunity or reduced punishment in exchange for testifying or assisting a law enforcement investigation or prosecution; 4) fled the jurisdiction of Arizona; or 5) abandoned the property (A.R.S. § 13-4304).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the presence or possession of U.S. currency, debit cards or credit cards to be considered as part of the totality of the circumstances of indicia of a crime in establishing probable cause for seizure.
2. Subjects, to seizure and forfeiture, all proceeds traceable to an offence if the criminal conviction is waived and the prosecutor shows by clear and convincing evidence that there is no known owner of the seized property, diligent efforts have been made to identify the owner of the seized property and no person has asserted an ownership interest in the seized property, or if other outlined conditions apply.
3. Exempts abandoned property from the requirement that all property seized by law enforcement in Arizona be returned to the owner within 10 business days after the property's seizure.
4. Makes technical changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 13, 2024
ZD/SB/cs