Without a single dissent, state senators approved changes Monday in Arizona laws designed to sharply curb the ability of prosecutors and police to seize property.
The measure includes a new requirement that prosecutors must prove by "clear and convincing evidence'' that the items they want to seize were involved in criminal activity.
Rep. Eddie Farnsworth championed the changes. He said he believes the potentially more far-reaching provisions will remove the financial impediment that now exists for people to fight to get back property they believe was unfairly seized.
“We’ve actually flipped that so that we require the government to pay the fees if they lose, but you don’t have to pay if you lose,” Farnsworth said.
The House of Representatives already gave its approval to virtually identical language, which pretty much assures that the proposal will reach Gov. Ducey’s desk.
It’s unclear whether prosecutors will seek a veto of the legislation contending it limits their powers of investigation.