House Bill 2810: Important Reforms to Arizona's Asset Forfeiture Laws

Tucson Criminal Defense and Asset Forfeiture Lawyers

In 2021, Arizona took a significant step to protect the property rights of its citizens with the passage of House Bill 2810 (“HB 2810”). The law addresses the often-criticized practice of asset forfeiture, which has been used by law enforcement agencies to seize personal and real property suspected of being connected to criminal activity, often with little to no evidence of a crime. Prior to HB 2810, Arizona law allowed property to be taken and forfeited without requiring a criminal conviction, leading to numerous instances where individuals lost property without ever being charged with a crime. This new law changes that dynamic and introduces several reforms to ensure that property rights are better protected in the state.

In this article, we will explore some of the key provisions of HB 2810, its impact on Arizona residents, and the limitations that still exist in the system.

What is Asset Forfeiture? (More about Asset Forfeiture, Generally)
Asset forfeiture refers to the practice of law enforcement seizing property believed to be connected to criminal activity. In the past, law enforcement could seize cash, cars, real estate, or other property based on mere suspicion, even without the property owner being charged or convicted of a crime. Once seized, law enforcement could initiate forfeiture proceedings, effectively transferring ownership of the property to the state.

Although proponents of asset forfeiture argue that it helps to deter criminal activity by depriving criminals of ill-gotten gains, the practice has faced increasing scrutiny. Critics argue that it can be easily abused, particularly when property is seized from individuals who are never charged with a crime, or when property owners are unable to challenge the seizure in a timely manner.

Key Reforms of HB 2810
House Bill 2810 introduces several important reforms that change how asset forfeiture operates in Arizona. The most significant provisions include:

1. Criminal Conviction Required for Forfeiture:
Under the previous law, law enforcement could seize property without the need for a criminal conviction. HB 2810 changes this by requiring a criminal conviction before most property can be forfeited. This ensures that property is only taken from individuals who have been proven to be involved in criminal activity, providing greater protections for innocent owners.

2. Stronger Link Between Seized Property and a Crime:
The law now mandates that seized property must be directly linked to a suspected crime. This strengthens the requirement that there is actual evidence supporting the connection between the property and criminal activity, rather than just a suspicion.

3. Timely Return of Seized Property:
HB 2810 also includes provisions to ensure that law enforcement agencies return property to its rightful owner in a timely manner. If criminal charges are not filed, or if charges are dismissed, the property must be returned within 60 days, offering greater transparency and fairness for property owners.

4. Innocent Owner Protections:
The law strengthens protections for individuals who own property but are not involved in criminal activity. If an innocent person’s property is seized, they now have a clearer process for recovering their property, even if they were not directly involved in the crime.

Governor Ducey’s Comments on HB 2810
When signing the bill into law, then-Governor Doug Ducey emphasized the need for a balance between protecting individual property rights and ensuring law enforcement has the tools necessary to combat criminal activity. He stated, "Arizona's Constitution provides broad protections for personal rights and property – broader than the United States Constitution. As such, when reviewing legislation, I have a constitutional responsibility to provide a balance between those rights and ensuring that law enforcement has the tools necessary to protect our state."

Governor Ducey’s statement reflects the intent of HB 2810 to both safeguard personal property rights and ensure that law enforcement can still effectively fight crime.

HB 2810 DOES NOT Apply to Federal Forfeiture
It’s important to note that HB 2810 only applies to state-level asset forfeiture. Federal agencies, such as the DEA, FBI, and Border Patrol, may still seize and forfeit property without requiring a criminal conviction. This is particularly relevant for federal cases involving drug trafficking or border-related crimes, where assets like vehicles can be seized during arrests or investigations. Federal asset forfeiture laws often have lower standards for property seizure than Arizona's state laws under HB 2810. Note: in Southern Arizona, vehicle seizures by Border Patrol are the most common asset seizures, and Federal law applies (HB 2810 does not help)

Seizure vs. Forfeiture: Understanding the Terms
The terms “seizure” and “forfeiture” are often used interchangeably, but they refer to different stages of the process. **Seizure** occurs when law enforcement takes possession of property. This is the initial step where property is taken by police, but ownership remains with the original owner unless the forfeiture process is completed. **Forfeiture** is the final step, where the government takes legal ownership of the seized property, effectively depriving the original owner of their rights.

Understanding the difference between these terms is crucial for individuals navigating the asset forfeiture process. And remember, just because property has been SEIZED does NOT mean that it will be FORFEITED.

What Should You Do If Your Property Is Seized in Arizona?
If you or a loved one has had property seized by law enforcement in Arizona, you have the right to challenge the seizure and seek the return of your property. Consulting with an experienced attorney can help you understand your legal options and potentially recover your assets. In Arizona, if your property was seized under the new HB 2810 rules, your chances of reclaiming your property have improved, especially if you can demonstrate that you were not involved in any criminal activity.

For a free consultation, contact Tucson Defenders today at 520-585-5757

Arizona’s passage of House Bill 2810 is a major step forward in reforming the state’s asset forfeiture laws, providing stronger protections for innocent property owners and requiring a criminal conviction before property can be forfeited. While the law does not eliminate asset forfeiture, it ensures that the process is more fair and transparent. However, it is important to remember that federal agencies are still able to forfeit property under different standards, so individuals whose property is seized should seek legal advice to navigate the complexities of the system.