Arizona Senate Unanimously Passes Landmark Civil Asset Forfeiture Bill

Senate Bill 1556 Stands to Strengthen and Protect Due Process and Property Rights for Arizonans

Today, the Arizona Senate unanimously passed SenateBill 1556, landmark legislation that instates stronger due process protections for innocent property owners. This legislation, sponsored by Senate Judiciary Committee Chairman Eddie Farnsworth (R-12), builds upon reforms passed in 2017 by requiring a criminal conviction before an individual can have his or her property forfeited by the state, with certain exceptions. The Senate approved the bill with a unanimous bipartisan vote of 30-0.

Currently, Arizona may forfeit an individual’s property regardless of whether or not they are ever convicted of a crime. Senate Bill 1556 not only requires that most forfeitures be tied to a criminal conviction, but it puts the burden on the state to prove that the property is subject to forfeiture by clear and convincing evidence. The bill also instates a number of due process protections for innocent owners and innocent third-party owners to get their property back once it’s been seized. 

“Today, the Arizona Senate took an important step towards enhancing due process and property rights for all Arizonans by passing this landmark civil asset forfeiture reform bill,” said Lauren Krisai, Senior Policy Analyst for the Justice Action Network. “By requiring the state to obtain a criminal conviction before a person’s property can be forfeited, this bill will prohibit individuals convicted of crimes from benefitting from criminal activity, while simultaneously strengthening due process rights of innocent owners. We applaud Senator Eddie Farnsworth for spearheading this legislation, and his colleagues on both sides of the aisle for standing together to pass this important billin the Senate.”

Under current law, innocent Arizonans have the burden of proving they did not know their property was going to be used during the commission of a crime, which is often a difficult threshold to meet. Further, a criminal conviction is not needed to forfeit an individual’s property. In 2018, 54% of all forfeitures in Arizona were not tied to a criminal conviction. With this legislation, the state will have the burden of proving that an individual’s property was tied to a criminal offense, instead of owners having to prove that it wasn’t.

The legislation now moves to the Arizona House of Representatives for its consideration.