Tenth Amendment Center – by Mike Maharrey
PHOENIX, Ariz. (April 3, 2017) – Today, the Arizona Senate unanimously passed a bill reforming the state’s asset forfeiture laws. The bill also takes on federal forfeiture programs by banning prosecutors from circumventing state laws by passing cases off to the feds in most situations.
Rep. Eddie Farnsworth (R-Gilbert) introduced House Bill 2477 (HB2477) on Feb. 7. The legislation would require prosecutors to establish a higher evidentiary standard for asset forfeiture. As it stands, the law only requires a preponderance of the evidence. HB2477 would raise that, requiring police and prosecutors to provide “clear and convincing evidence” the property was linked to a crime. While the proposed law would not require a criminal conviction before proceeding with asset forfeiture, it would take a step toward reforming Arizona’s forfeiture laws under that essential standard. Continue reading “Arizona Senate Passes Bill Taking on State, Federal Asset Forfeiture”