INNOCENT BEFORE PROVEN GUILTY: ARIZONA HOUSE ADVANCES LANDMARK CIVIL ASSET FORFEITURE REFORM
House Bill 2810 Would Protect Vulnerable Arizonans from Property Seizure without Due Process
(Phoenix, AZ) - Today, the Arizona House overwhelmingly voted (57-2) to pass House Bill 2810, landmark legislation that would reform the state’s civil asset forfeiture law to significantly strengthen innocent Arizonans’ due process and property rights. Sponsored by Representative Travis Grantham (R-12) and passed with unanimous support from Republicans and Democrats alike in the House Criminal Justice Reform Committee, HB 2810 requires law enforcement to secure a criminal conviction before an individual’s property may be forfeited under the state’s civil asset forfeiture law. Currently, law enforcement may seize and keep property from individuals that are never charged or convicted of a criminal offense.
“Today, the House voted to strengthen due process and property rights of innocent Arizonans,” said Lauren Krisai, Senior Policy Analyst for Justice Action Network. “House Bill 2810 ensures that law enforcement cannot permanently take property from innocent Arizonans never charged or convicted of a crime—an egregious process that has gone on for far too long in the state. We thank Representative Grantham for authoring this bill, and members of the House for coming together to protect the property and due process rights of all Arizonans. We hope this bipartisan consensus will carry through to the Senate.”
Currently, Arizona police are under no obligation to return property seized from someone suspected or accused of a crime, regardless of whether a conviction is obtained. In 2018, 54% of all forfeitures in Arizona were not tied to a criminal conviction. To address this critical issue, House Bill 2810:
Requires a criminal conviction before most forfeitures may take place;
Ensures that seized property is linked to a suspected crime;
Requires law enforcement to return seized property in a timely manner if they decide not to pursue criminal charges or lose the case in court;
Strengthens innocent owner protections by requiring the state to prove that the property is linked to a crime, and return property if it is not. Current law requires innocent owners to prove that their seized property *is not* connected to a crime.