§ 13-4301 Definitions
§ 13-4302 Jurisdiction
§ 13-4303 Venue
§ 13-4304 Property subject to forfeiture; exemptions
§ 13-4305 Seizure of property
§ 13-4306 Powers and duties of peace officers and agencies; definition
§ 13-4307 Notice of pending forfeiture
§ 13-4308 Commencement of proceedings
§ 13-4309 Uncontested forfeiture
§ 13-4310 Judicial forfeiture proceedings; general
§ 13-4311 Judicial in rem forfeiture proceedings
§ 13-4312 Judicial in personam forfeiture proceedings
§ 13-4313 Supplemental remedies
§ 13-4314 Disposition by court
§ 13-4315 Allocation of forfeited property

Terms Used In Arizona Laws > Title 13 > Chapter 39

  • Act: means a bodily movement. See Arizona Laws 13-105
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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
  • Bank: means a corporation that holds a banking permit issued pursuant to chapter 2 of this title. See Arizona Laws 6-101
  • Banking office: means any place of business of the bank at which deposits are received, checks are paid or money is loaned but does not include the premises used for computer operations, proofing, record keeping, accounting, storage, maintenance or other administrative or service functions. See Arizona Laws 6-101
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Benefit: means anything of value or advantage, present or prospective. See Arizona Laws 13-105
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Commercially reasonable: means a sale or disposal that would be commercially reasonable under title 47, chapter 9, article 6. See Arizona Laws 13-4301
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
  • Converting bank: means a bank converting from a national to a state bank, or the reverse. See Arizona Laws 6-211
  • Conviction: A judgement of guilt against a criminal defendant.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Economic loss: means any loss incurred by a person as a result of the commission of an offense. See Arizona Laws 13-105
  • Enterprise: includes any corporation, association, labor union or other legal entity. See Arizona Laws 13-105
  • Executor: A male person named in a will to carry out the decedent
  • Federal deposit insurance corporation: includes any successor to the corporation or other agency or instrumentality of the United States that undertakes to discharge the purposes of the corporation. See Arizona Laws 6-101
  • Fiduciary: A trustee, executor, or administrator.
  • Financial institution: means banks, trust companies, savings and loan associations, credit unions, consumer lenders, international banking facilities and financial institution holding companies under the jurisdiction of the department. See Arizona Laws 6-101
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Government: means the state, any political subdivision of the state or any department, agency, board, commission, institution or governmental instrumentality of or within the state or political subdivision. See Arizona Laws 13-105
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • In-state financial institution: means a state or national bank or savings and loan association with its home office in this state, or holding company with its home office in this state. See Arizona Laws 6-211
  • 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.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Injured person: means a person who has sustained economic loss, including medical loss, as a result of injury to his person, business or property by the conduct giving rise to the forfeiture of property, and who is not an owner of or an interest holder in the property. See Arizona Laws 13-4301
  • Interest holder: means a person in whose favor there is a security interest or who is the beneficiary of a perfected encumbrance pertaining to an interest in property. See Arizona Laws 13-4301
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • 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.
  • Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
  • Merger: includes consolidation. See Arizona Laws 6-211
  • Minor: means a person under the age of eighteen years. See Arizona Laws 1-215
  • National bank: means a national banking association located in this state. See Arizona Laws 6-211
  • Omission: means the failure to perform an act as to which a duty of performance is imposed by law. See Arizona Laws 13-105
  • Out-of-state financial institution: means a state or national bank or savings and loan association with its home office in a state other than this state, or holding company with its home office in a state other than this state. See Arizona Laws 6-211
  • Owner: means a person who is not a secured party within the meaning of section 47-9102 and who has an interest in property, whether legal or equitable. See Arizona Laws 13-4301
  • Peace officer: means any person vested by law with a duty to maintain public order and make arrests and includes a constable. 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
  • Personal property: includes all interests in property, as defined in section 13-105, in whatever form, except real property and fixtures as defined in section 47-9102. See Arizona Laws 13-4301
  • Physical injury: means the impairment of physical condition. See Arizona Laws 13-105
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 13-105
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
  • Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Resulting bank: means the bank resulting from a merger or conversion. See Arizona Laws 6-211
  • Seizing agency: means any department or agency of this state or its political subdivisions which regularly employs peace officers, and which 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 his designee. See Arizona Laws 13-4301
  • Seizure for forfeiture: means seizure of property by a peace officer coupled with 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
  • State bank: means a corporation holding a banking permit under the laws of this state. See Arizona Laws 6-211
  • Superintendent: means the superintendent of financial institutions. See Arizona Laws 6-101
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: includes every manner of oral statement under oath or affirmation. See Arizona Laws 1-215
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Unlawful: means contrary to law or, where the context so requires, not permitted by law. See Arizona Laws 13-105
  • Vehicle: means a device in, upon or by which any person or property is, may be or could have been transported or drawn upon a highway, waterway or airway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. See Arizona Laws 13-105
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Writ: means an order or precept in writing issued in the name of the state or by a court or judicial officer. See Arizona Laws 1-215