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Arizona s War on Tamales

Arizona s War on Tamales
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Now in Effect: Arizona Law Requires Criminal Conviction for Asset Forfeiture

Now in Effect: Arizona Law Requires Criminal Conviction for Asset Forfeiture
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Signed by the Governor: Arizona Law to Require a Criminal Conviction for Asset Forfeiture

PHOENIX, Ariz. (May 6, 2021) – Yesterday, Arizona Gov. Doug Ducey signed a bill into law reforming the state’s asset forfeiture laws and prohibiting the state from taking a person’s property without a criminal conviction in most cases. The proposed legislation builds on important reforms signed into law in 2017 that opted Arizona out of a federal forfeiture program. A coalition of 12 Republicans introduced House Bill 2810 (HB2810) on Feb. 8. 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 property can be seized and the prompt return of property if no criminal case exists.

United statesMichael boldinEddie farnsworthPaul avelarDoug duceyIlya sominSupreme courtDepartment of justiceInstitute for justiceJeff sessions for the department of justiceInstitute for justice arizonaAmendment centerHouse billUnited states constitutionAttorney general jeff sessionsஒன்றுபட்டது மாநிலங்களில்

To the Governor: Arizona Passes Bill to Require a Criminal Conviction for Asset Forfeiture

Arizona currently has some of the most onerous civil asset forfeiture laws in the country. Although prosecutors claim that drug kingpins and white-collar criminals are their primary targets, three-quarters of forfeiture cases involve property valued at less than $10,000. “The median cash forfeiture in Arizona was $1,000,” said Paul Avelar, managing attorney for the Institute for Justice’s Arizona office. “When half of your cash forfeitures are less than $1,000, it is not a tool that is ‘targeting’ cartels. And this is such a low figure that most people will, rightly, realize the costs of fighting back are prohibitive. But lots of small forfeitures can mean big money: Agencies took in $24 million in fiscal year 2019 alone.”

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Arizona Senate Committee Passes Bill to Require a Criminal Conviction for Asset Forfeiture

The legislation would require a criminal conviction before the prosecutors could begin forfeiture proceedings in most cases. The bill also includes provisions that would increase protections for property owners involved in the forfeiture process, including requiring an arrest before property could be received and prompt return of property if no criminal case exists.

United statesMichael boldinEddie farnsworthPaul avelarIlya sominDepartment of justiceInstitute for justiceInstitute for justice arizonaAmendment centerSupreme courtJeff sessions for the department of justiceSenate justice committeeArizona senate committeeHouse billArizona houseAttorney general jeff sessions