Post by Logan on Feb 14, 2017 19:17:48 GMT -6
In the wake of a yearlong AZCIR investigation that found lax oversight of the state program that allowed Arizona law enforcement agencies to seize $200 million from people suspected of committing crimes and spend more than half of it on general operations, the Arizona Legislature is considering a measure that would fundamentally alter how police agencies can take a private citizen’s money or property.
Most significantly, HB2477 would change the evidentiary standard that police and prosecutors must meet when seizing money or property under Arizona’s civil asset forfeiture statutes. The current standard is a preponderance of the evidence, which means that prosecutors must only prove that it is more likely than not that the property is linked to a crime, and thus can be seized.
The legislation would change that to clear and convincing evidence, meaning prosecutors would have to prove that there is a high probability that the property is tied to a criminal act.
The bill also seeks to make it easier for people to challenge seizures and recover their property. Under the current law, if a person challenges a seizure and does not establish that “his entire interest is exempt from forfeiture,” the person must then pay the state’s attorney’s fees and any costs relating to the investigation pertaining to the seized property. Arizona is the only state in the nation with such a provision.
Read more: azcapitoltimes.com/news/2017/02/13/legislature-taking-up-major-civil-asset-forfeiture-reforms/
Most significantly, HB2477 would change the evidentiary standard that police and prosecutors must meet when seizing money or property under Arizona’s civil asset forfeiture statutes. The current standard is a preponderance of the evidence, which means that prosecutors must only prove that it is more likely than not that the property is linked to a crime, and thus can be seized.
The legislation would change that to clear and convincing evidence, meaning prosecutors would have to prove that there is a high probability that the property is tied to a criminal act.
The bill also seeks to make it easier for people to challenge seizures and recover their property. Under the current law, if a person challenges a seizure and does not establish that “his entire interest is exempt from forfeiture,” the person must then pay the state’s attorney’s fees and any costs relating to the investigation pertaining to the seized property. Arizona is the only state in the nation with such a provision.
Read more: azcapitoltimes.com/news/2017/02/13/legislature-taking-up-major-civil-asset-forfeiture-reforms/