The fate of Arizona’s assets and forfeiture law now sits on Gov. Doug Ducey’s desk waiting for his decision whether to veto or sign it.
As of Monday, the only lawmaker resisting tightening the law was State Representative Becky Nutt. House members sent it through with their blessings one week after the full state Senate did the same.
Reading a letter on behalf of Cochise County Sheriff Mark Dannels, Nutt urged Ducey to veto the measure.
“We do not believe that this is a necessary provision,” Nutt read aloud, referring to the measure’s requirement to have county supervisors and outside legal help approve each seizure.
“(Arizona’s) county attorneys are already well equipped to make a legal determination in the validity of our expenditure requests," Nutt said.
In the past, Gov. Ducey has admitted Arizona’s civil forfeiture law needs reforming. But, he assured lawmakers and law enforcement agencies that he is willing to hear their arguments on the measure.
Compared to other states, Arizona has a relatively low level of expectation of its prosecutors, asking only that they show a "preponderance of the evidence'' is linked to a crime before seizing it. In most other states, law enforcement must produce “clear and convincing evidence” to seize an asset.
House Bill 2477 would tighten the requirement, while it would also loosen requirements that Arizona defendants pay all legal fees related to the case and those necessary to retrieve their property, even if they were cleared of any charges.
The governor has through Saturday to make a decision.