Arizona has taken some important steps to reform criminal justice in the state over the past year. From restructuring sentencing guidelines for first time offenders to improving the collection of crime statistics to redefining civil asset forfeiture, there have been some broad-reaching improvements to the way the criminal justice system works in Arizona. These changes will impact many people in the state and it presented a good opportunity to provide an overview for anyone that might be impacted. Here are some of the most important legislative changes geared towards improving the criminal justice system in Arizona in 2021.
Sentencing for First Time Felony Offenders in Arizona – HB 2318
Arizona HB 2318 was crafted to address minimum sentences being applied to defendants charged with multiple felonies from the same occasion. In the past, these defendants were charged like they were repeat offenders, instead of standards for a first offense, because of the multiple charges issued for the incident. The goal of the legislation was to give judges the ability to consider that the additional charges came from a single occasion and deliver sentencing in line with standards for first time offenses.
Denying State Agency Occupational Licenses – HB 2319
Arizona HB 2319 updated state law to address individuals that were being denied occupational licenses, like a real estate or contractor license, for past drug offenses. This law was passed to define that a qualified individual applying for those occupational licenses cannot be automatically denied because of these past offenses. Simply put, it ensures that those individuals with drug charges are not permanently banned from working in these fields if they are otherwise qualified. The bill did define that it does not apply to teacher certifications, professions under the purview of the Department of Health Services, and law enforcement agencies in the state.
Arizona Criminal Justice Commission for Data Collection Standards – HB 2166
The purpose of Arizona HB 2166 is creating a central commission to aggregate and provide transparency of all data being collected by all the criminal justice agencies in the state. The Arizona Criminal Justice Commission is tasked with collecting all this disparate data, documenting exactly what each agency collects, and make all the data available to inform legislators in policy making efforts.
The bill was sponsored by State Representative Walt Blackman and he offered this quote in the official release on the new criminal justice commission, “It’s important that local leaders and law enforcement professionals are up-to-date on data related to criminal activity. This legislation will ensure we have the latest information readily available so policies can be reviewed and we can see what’s working well.”
Updates to Civil Asset Forfeiture Laws in Arizona – HB 2810
Law enforcement agencies and prosecutors will no longer be given the blanket ability to seize the property of individuals permanently for alleged crimes without a conviction. This law is in effect after Governor Doug Ducey signed the landmark bill for reforming civil asset forfeiture laws in Arizona earlier this year.
With the signing of House Bill 2810, Governor Ducey enacted legislation to overhaul the civil asset forfeiture system in Arizona. This legislation has been championed by property rights advocates in the state and around the country for years. After several smaller reforms and failed attempts at broader legislation, the bill was passed with major bipartisan support in the early legislative session of 2021.
Under the previous laws in Arizona, law enforcement was capable of seizing the property of the individual in cases where it was reasonably believed to be connected to some crime. The property owner is not required to be convicted or even charged. In some cases, the property got seized and only the property was charged. This made it extremely difficult for the property owner to pursue getting their property back.
Those property owners wishing to get their seized assets back were required to pursue a claim disputing the forfeiture in civil court. The seizing agency was only expected to reveal convincing and clear evidence that the property had connections with some crime to get the case dismissed in most cases.
In the signing letter, Governor Ducey thanked the sponsors of the bill, State Representatives Grantham and Gilbert. He highlighted that HB 2810 will serve as a protector of property rights of individuals. He put forth that the Arizona Constitution will be granting broad property and personal rights and residents of the state no longer have to sacrifice their rights to combat crime.
It is essential to understand that law enforcement can still consider seizing property for future forfeiture if there is evidence of a crime. However, the enforcement of HB 2810 establishes that the seized property should clearly be connected to the given crime. The most important part is that law-abiding citizens have a path to get their property back in cases where the seizure was improper or they fail to establish a connection to any crime.
The key provision of the new law requires prosecutors to convict the property owner of a crime before the property can be forfeited. It also prevents the Office of the Attorney General from making use of anti-racketeering money for paying salaries. Individuals also have more time to put forth a challenge against any forfeiture of the property in the appropriate venue. The government entity is now required to present a notice indicating the intention of seizing the property through forfeiture.
Work with an Experienced Arizona Criminal Defense Attorney
Whether you had property seized or you’ve been charged with a crime, you need assistance from a trusted and experienced criminal defense attorney in Arizona. Everyone is entitled to due process and legal representation, no matter the charge. You have the right to a fair trial and professional legal representation. You also have a right to get your property back if the State is not able to establish evidence of its connection to criminal activity or convict you of a crime.
Our experienced criminal defense lawyers in Arizona can serve clients under all situations of criminal defense and civil asset forfeiture. Our criminal defense attorneys have decades of expertise handling an array of criminal defense matters and related property seizure issues in Arizona. Contact RSN Law today at 480-712-0035 to schedule an initial consultation on your case or make an appointment on our contact us page.
RSN Law intends this article to be for informational purposes, not to be relief on a specific legal matter, and does not create an attorney-client relationship.