Title 13 — Criminal Code
48 chapters · 981 sections in this title.
A.R.S. § 13-4301 Definitions
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In this chapter, unless the context otherwise requires: 1. "Abandoned property": (a) Means personal property that the owner has intentionally relinquished the right to and control over. (b) Does not include property that is obtained as a result of a peace officer requesting, requ…
A.R.S. § 13-4302 Jurisdiction
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The state may commence a proceeding in the superior court if the property for which forfeiture is sought is within this state at the time of the filing of the action or if the courts of this state have in personam jurisdiction of an owner of or interest holder in the property.
A.R.S. § 13-4303 Venue
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A. A civil action brought pursuant to this chapter may be brought in the county in which the property is seized or in any county in which an owner or interest holder is criminally convicted of the offense that gave rise to the seizure of the property. B. A claimant or defendant m…
A.R.S. § 13-4304 Property subject to forfeiture; exemptions; innocent owner
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A. Except as provided in subsections B, C and D of this section, all property, including all interests in such property, described in a statute providing for its forfeiture is subject to forfeiture if both of the following apply: 1. The owner is convicted of an offense to which f…
A.R.S. § 13-4305 Seizure of property
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A. Property subject to forfeiture under this chapter may be seized for forfeiture by a peace officer: 1. On process issued pursuant to the Arizona rules of civil procedure or this title, including a seizure warrant. 2. By making a seizure for forfeiture on property seized on proc…
A.R.S. § 13-4306 Powers and duties of peace officers and agencies; definition
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A. If property subject to forfeiture under section 13-4305 is seized, the property is deemed to be in the custody of the law enforcement agency making the seizure for forfeiture. The seizing agency or the attorney for the state may authorize the release of the seizure for forfeit…
A.R.S. § 13-4307 Notice of pending forfeiture
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A. Within sixty days after making a seizure for forfeiture or simultaneously on filing a related criminal indictment, the state shall file a notice of pending forfeiture proceeding or return the property to the person from whom it was seized. A notice of pending forfeiture procee…
A.R.S. § 13-4308 Commencement of proceedings
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A. The attorney for the state shall determine whether it is probable that the property is subject to forfeiture and, if so, may cause the commencement of further judicial forfeiture proceedings for which a notice of pending forfeiture has been filed and made by filing a complaint…
A.R.S. § 13-4309 Postdeprivation hearing
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B. A person who makes a timely motion for the return of property has a right to a hearing on the motion before the resolution of any related criminal matter or forfeiture proceeding and within thirty days after the date that the motion is filed. C. At least ten days before a hear…
A.R.S. § 13-4310 Judicial forfeiture proceedings; damages
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A. A person who claims an interest in seized property shall file an answer to the complaint of forfeiture within thirty days after service of the forfeiture complaint. The answer must include facts to support the claimant's alleged interest in the property. The clerk of court may…
A.R.S. § 13-4311 Judicial in rem forfeiture proceedings
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A. If a forfeiture is authorized by law, it may be ordered by a court on an action in rem brought by the state pursuant to a notice of pending forfeiture or a verified complaint for forfeiture. The state may serve the complaint in the manner provided by section 13-4307 or by the …
A.R.S. § 13-4312 Judicial in personam forfeiture proceedings
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A. Any complaint, information or indictment alleging or charging one or more offenses included in section 13-2301, subsection D, paragraph 4 or a violation of section 13-2312, or any other offense giving rise to forfeiture under this title, shall set forth with reasonable particu…
A.R.S. § 13-4313 Supplemental remedies
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A. The court shall order the forfeiture of any other property of a claimant or an in personam civil or criminal defendant up to the value of the claimant's or defendant's property that the court finds is subject to forfeiture if any of the following circumstances apply to the pro…
A.R.S. § 13-4314 Disposition by court
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A. If no claims are timely filed, the attorney for the state shall apply to the court for an order of forfeiture and allocation of forfeited property pursuant to section 13-4315. On the state's written application showing jurisdiction, notice and facts sufficient to demonstrate p…
A.R.S. § 13-4315 Allocation of forfeited property
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A. Any property, including all interests in property, forfeited to the state under this title shall be transferred as requested by the attorney for the state to the seizing agency or to the agency or political subdivision employing the attorney for the state, which may do any of …