Arizona’s assets and forfeiture laws currently allow law enforcement to seize property involved or gained in criminal activity.  

It’s hailed by law enforcement as a key tool in drug and white collar crime investigations, and condemned by civil rights activists as overreaching and excessive for defendants who try to fight it in court. 

Currently, the law requires prosecutors simply prove a “preponderance of the evidence” is linked to a crime, leaving a wide margin for interpretation. 

Representative Eddie Farnsworth, the architect behind House Bill 2477, said his aim is to find a balance that helps target criminals, and protects citizens’ rights to a fair process.

He gave fellow House Government Committee members an idea of how the current law is abused.

For example: "Somebody who loses a $5,000 car because their son has marijuana on the front seat (has) to spend $10,000 to try and get an attorney to come in and get their property back," Farnsworth said. “ Well, that doesn't work."

His bill proposes prosecutors provide “clear and convincing evidence” to a judge before agents can seize a house, car, or other asset.  The full House is expected to vote on the bill this week.