Bill Amendment: AZ SB1556 | 2020 | Fifty-fourth Legislature 2nd Regular
Bill Title: Civil asset forfeiture; conviction; procedures
Status: 2020-05-21 - House third reading FAILED voting: (23-37-0-0) [SB1556 Detail]
Download: Arizona-2020-SB1556-SENATE_-_Farnsworth_E_flr_amend_ref_JUD_adopted.html
Bill
Number: S.B. 1556
Farnsworth E Floor Amendment
Reference to: printed bill
Amendment drafted by: Leg Council
FLOOR AMENDMENT EXPLANATION
1. Stipulates that the court may waive the conviction requirement for forfeiture if the prosecuting authority shows by clear and convincing evidence that there is no known owner of the seized property, diligent efforts have been made to identify the owner and no person asserts an ownership interest in the seized property.
2. Clarifies that the state must return property to the innocent owner when it is unable to prove the innocent owner had actual knowledge of the crime that gave rise to the forfeiture.
3. States that if no timely claims have been filed or the court has waived the conviction requirement then the state may initiate forfeiture proceedings before a criminal conviction for an offense in which forfeiture applies.
4. Prohibits the court from charging a person who claims ownership or to be an interest holder a filing fee or a fee for filing an answer.
Fifty-fourth Legislature Farnsworth E
Second Regular Session S.B. 1556
FARNSWORTH E FLOOR AMENDMENT
SENATE AMENDMENTS TO S.B. 1556
(Reference to JUDICIARY Committee amendment)
Page 1, strike lines 1 and 2, insert:
"Page 16, line 13, after "by" insert "a"
Page 20, line 2, after "that" insert "there is no known owner of the seized property, diligent efforts have been made to identify the owner of the seized property and no person has asserted an ownership interest in the seized property or that"
Line 13, after "H." strike remainder of line insert "A"
Line 15, strike "holds" insert "Either:
1. Held"
Line 16, strike "and either:"
Line 17, strike "1. Held an ownership interest in the seized property"
Strike line 19 insert a period
Line 20, strike "an ownership" insert "as a bona fide purchaser for value a legal right, title or"; after "in" insert "the"
Line 21, strike "forfeiture" insert "seizure of the property"
Strike lines 22 through 28
Reletter to conform
Line 37, strike "J" insert "I"
Line 39, strike "innocent owner's"; after "property" insert "and return the property to the innocent owner""
Between lines 3 and 4, insert:
"Page 25, line 41, after "applies" insert "unless no claims for the seized property were timely filed or the court waived the conviction requirement pursuant to section 13‑4304"
Page 27, line 41, after the period insert "The clerk of court may not charge a person who claims ownership or to be an interest holder a filing fee or any charge for filing the answer."
Page 28, line 28, after "conviction" insert "or the court waived the requirement for a conviction pursuant to section 13‑4304"
Page 31, line 31, strike "compensation of" insert "compensating"
Page 32, line 10, after "that" insert "there is no known owner of the seized property, diligent efforts have been made to identify the owner of the seized property and no person has asserted an ownership interest in the seized property or that""
Amend title to conform
