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 probable cause for forfeiture, the court shall order the property forfeited to the state.

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Terms Used In Arizona Laws 13-4314

  • Act: means a bodily movement. See Arizona Laws 13-105
  • Attorney for the state: means an attorney designated by the attorney general, by a county attorney or by a city attorney to investigate, commence and prosecute an action under this chapter. See Arizona Laws 13-4301
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Omission: means the failure to perform an act as to which a duty of performance is imposed by law. See Arizona Laws 13-105
  • Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
  • Seizing agency: means any department or agency of this state or its political subdivisions that regularly employs peace officers and that employs the peace officer who seizes property for forfeiture, or such other agency as the seizing agency may designate in a particular case by its chief executive officer or the chief executive officer's designee. See Arizona Laws 13-4301
  • Seizure for forfeiture: means seizure of property by a peace officer and either:

    (a) There is an assertion by the seizing agency or by an attorney for the state that the property is subject to forfeiture. See Arizona Laws 13-4301

B. After the court’s disposition of all claims timely filed under this chapter, the state has clear title to the forfeited property and the court shall so order. Title to the forfeited property and its proceeds is deemed to have vested in the state on the commission of the act or omission giving rise to the forfeiture under this title.

C. On order of the court forfeiting the subject property, the attorney for the state may transfer good and sufficient title to any subsequent purchaser or transferee, and the title shall be recognized by all courts, by this state and by all departments and agencies of this state and any political subdivision. The attorney for the state may not transfer title to either:

1. An officer or employee of the agency that seized the property or a person who is related to the officer or employee by blood or marriage.

2. The attorney for the state or any individual working in the same office or any person related to the authority or individual by blood or marriage.

D. On entry of judgment for a claimant or claimants in any proceeding to forfeit property under this chapter such property or interest in property shall be returned or conveyed immediately to the claimant or claimants designated by the court. The person or seizing agency that made the seizure and the attorney for the state are not personally liable to suit or judgment on account of such seizure, suit or prosecution unless the person, seizing agency or attorney for the state intended to cause injury or was grossly negligent.

E. The court may award reasonable attorney fees, expenses and damages for loss of the use of the property to any claimant who substantially prevails by an adjudication on the merits of a claim. If the court finds that reasonable cause did not exist for the seizure for forfeiture or the filing of the notice of pending forfeiture, complaint, information or indictment and that the seizing agency or attorney for the state intended to cause injury or was grossly negligent, the court shall award the claimant treble costs or damages. The court must apportion the award for treble costs or damages between the agency that made the seizure and the office of the attorney for the state.