Ducey defies prosecutors to sign bill changing civil forfeiture practices

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Rebuffing prosecutors and sheriffs, Gov. Doug Ducey today signed legislation to make it more difficult for them to seize property.

“Reforms have been needed in this area for some time,” the governor said in a prepared statement.

The measure received nearly unanimous support. Only Rep. Becky Nutt, R-Clifton, voted against the bill.

The new law will require prosecutors to provide “clear and convincing evidence” to a judge that property they want to seize is connected to criminal activity before they can seize it. That means either it was used as part of a crime or that it was acquired with proceeds from criminal activity.

That is more rigorous than the current standard of allowing seizure based on “preponderance of the evidence.” That is the lowest of all standards and means only that it is more likely than not the property is linked to a crime.

Rep. Eddie Farnsworth, R-Gilbert, who crafted the changes, said the new standard is appropriate as there is no requirement that someone be convicted of a crime – or even charged – before prosecutors can try to seize property.

The change, which takes effect later this year, also will remove some disincentives that now exist for people who contend their property was wrongly seized from challenging the government.