Arizona Judicial Nominating Commissions

Transcription

1 Civil Asset Forfeiture Legislation in Arizona: HB 2477 Arizona Judicial Nominating Commissions Katy Proctor Majority Research Staff Director NCSL Capitol Forum December 12, 2017

2 Background

3 2017 Legislative Session Several bills introduced in 2017 HB 2098: Requires a public defender to defend, advise and counsel a person in all seizure and forfeiture proceedings. HB 2109: Prohibits monies seized through asset forfeiture due to a drug or gambling offense from being distributed to / used by a LEA. Instead distributes to crime victims who have not received full court ordered restitution. HB 2110: Repeals statute authorizing uncontested civil forfeiture

4 HB 2477: Stakeholder Process Began during 2016 interim Included numerous groups: County Prosecutors Arizona Prosecuting Attorneys Advisory Council Arizona Criminal Justice Commission Attorney General s Office Institute for Justice Goldwater Institute US Justice Action Network Right on Crime Arizona Free Enterprise Club Arizona Association of Chiefs of Police County Supervisors Association Arizona Department of Public Safety Phoenix Police Department

5 HB 2477: civil forfeiture; report information; remedies Forfeiture Process & Remedies Moves to clear and convincing standard Authorizes reasonable attorney fees, expenses & damages for loss of the use of property to any claimant who substantially prevails Removes the requirement that the court order a claimant to pay costs if the claimant fails to establish that the entire claim or interest is exempt from forfeiture

6 HB 2477: civil forfeiture; report information; remedies Forfeiture Process & Remedies Prohibits charging fees for filing a claim Removes the prohibition against evidence suppression on the grounds that acquisition violated constitutional protections Removes the State s immunity from liability if the court finds there was reasonable cause for forfeiture proceedings

7 HB 2477: civil forfeiture; report information; remedies Allocation of Monies Received Requires written application with a description of how the money will be used Authorizes the AG or county attorney to deny an application for purposes not authorized by statute or federal law Requires the county attorney to submit an application to the board of supervisors prior to use Except in emergency

8 HB 2477: civil forfeiture; report information; remedies Transfer of Property Prohibits the seizing agency and state attorneys from entering into any agreement that would transfer or refer seized property to a federal agency unless the property includes more than $100,000

9 HB 2477: civil forfeiture; report information; remedies Reporting Requirements Adds numerous reporting requirements for forfeiture revenues and expenditures NOTE: HB 2243 requires quarterly reporting of expenditures/revenues and permits electronic filing of reports Requires annual financial audit for AG forfeiture accounts

10 HB 2477: Initial Concerns Reporting AG Audit Board of Supervisors approval of county attorney expenditures Federal Equitable Sharing Agreements Burden of Proof Immunity Attorneys Fees for Claimants

11 HB 2477: Progress House Federalism, Property Rights & Public Policy: DP 9-0 Judiciary & Public Safety: DPA 9-0 Full House Vote: 60-0 Senate Judiciary: DP 7-0

12 HB 2477: Progress Before Senate Floor Additional large stakeholder meeting Small group meetings Individual feedback received from various stakeholders Adjustments based on information & research

13 HB 2477: Final Decision Points AG audit conducted by the Auditor General Added requirement for emergency use of monies by county attorneys to receive board approval Several clarifications to reporting requirements

14 HB 2477: Final Decision Points Federal Transfer Prohibits entering into any agreement that would transfer/refer seized property to a federal agency if the seizure was part of an investigation that either: Did not involve a federal agency; or Involves a state law violation (no federal violation is alleged)

15 HB 2477: Final Decision Points Federal Transfer Prohibits the transfer/referral of seized property from a joint investigation unless the gross estimated value of the property is greater than $75,000 Does not prohibit a state or local LEA from participating in a joint investigation Defines joint investigation

16 HB 2477: Final Decision Points Damages & Penalties Seizing entity/attorney are not personally liable unless the person or agency: Intended to cause injury, or Was grossly negligent Requires the court to award treble costs or damages if: Reasonable cause did not exist; and The seizing agency/attorney intended to cause injury or was grossly negligent

17 HB 2477: Final Stages Senate Vote: DP 30-0 Final House Vote: DP Signed by Governor two days after vote

18 HB 2477: Post-Session First reports were due to the Arizona Criminal Justice Commission in November ACJC deadline to report to the Governor & Legislature was 11/30/17

19 HB 2477: Staff Perspective Clear communication with members, staff & stakeholders Organization is key Inform on deadlines Know your resources Follow up on implementation

20 Questions? Katy Proctor Director, Majority Research Staff Arizona House of Representatives