A.R.S. tit. 13 ch. 39 — Arizona Revised Statutes Title 13 Chapter 39 — Forfeiture

13-4301. Definitions 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, requiring or inducing a person to execute a document that purports to disclaim an interest in or right to the property or that relinquished interest in or rights to the property. 2. "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. 3. "Commercially reasonable" means a sale or disposal that would be commercially reasonable under title 47, chapter 9, article 6. 4. "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. Injured person does not include a person who is responsible for the conduct giving rise to forfeiture or a person whose interest would not be exempt from forfeiture if the person were an owner of or interest holder in the property. 5. "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. 6. "Owner" means a person who is not a secured party as defined in section 47-9102 and who has an interest in property, whether legal or equitable. A person who holds property for the benefit of or as agent or nominee for another is not an owner. A purported interest that is not in compliance with any statute requiring its recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value shall not be recognized as an interest against this state in an action pursuant to this chapter. An owner with power to convey property binds other owners, and a spouse binds his spouse, by his act or omission. 7. "Person known to have an interest" means a person whose interest in property is reflected in the public records in which his interest is required by law to be recorded or reflected in order to perfect his interest. If a person's interest in property is not required by law to be reflected in public records in order to perfect his interest in the property, a person shall be known to have an interest only if his interest can be readily ascertained at the time the forfeiture action commences pursuant to this chapter. 8. "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. 9. "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. 10. "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. (b) The property has no evidentiary value. 13-4302. Jurisdiction 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. 13-4303. Venue 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 may obtain a change of venue only under the same circumstances under which a defendant may obtain a change of venue in a criminal case. 13-4304. Property subject to forfeiture; exemptions; innocent owner 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 forfeiture applies. 2. The state establishes by clear and convincing evidence that the property is subject to forfeiture as provided in subsection E of this section. B. A vehicle used by any person as a common carrier in the transaction of business as a common carrier may not be forfeited under this chapter unless the state proves by clear and convincing evidence that the owner or other person in charge of the vehicle was a consenting party or privy to the act or omission giving rise to forfeiture or knew of it. C. A vehicle may not be forfeited under this chapter following a conviction for any act or for an omission committed or omitted by a person other than the owner while the vehicle was unlawfully in the possession of a person other than the owner in violation of the criminal laws of this state or of the United States. D. Property may not be forfeited pursuant to section 13-3413, subsection A, paragraph 1 or 3 if the conduct giving rise to the seizure both: 1. Did not involve an amount of unlawful substance greater than the statutory threshold amount as defined in section 13-3401. 2. Was not committed for financial gain. E. After a person is convicted of an offense for which forfeiture applies, a court may order the person to forfeit any of the following: 1. Property the person acquired through the commission of the offense. 2. Property that is directly traceable to property acquired through the commission of the offense. 3. Any property or instrumentality that the person used in the commission of the offense or to facilitate the offense. 4. Substitute assets as prescribed in section 13-2314, subsection D, paragraph 6, subdivision (d) and in accordance with section 13-4305, subsection C. F. The court may waive the conviction requirement if the prosecuting authority shows by clear and convincing evidence that there is no known owner of the seized property, diligent efforts have been made to identify the owner of the seized property and no person has asserted an ownership interest in the seized property or that, before conviction, the defendant or alleged criminal: 1. Died. 2. No longer resides in the United States or was deported. 3. Was granted immunity or reduced punishment in exchange for testifying or assisting a law enforcement investigation or prosecution. 4. Fled the jurisdiction of this state. 5. Abandoned the property. G. This section does not prevent property from being forfeited by the terms of a plea agreement that is approved by a court or by other agreement of the parties in a criminal proceeding. H. A person who claims to be an innocent owner has the burden of production to show that the person either: 1. Held a legal right, title or interest in the property seized at the time the illegal conduct that gave rise to the seizure of the property occurred. 2. Acquired as a bona fide purchaser for value a legal right, title or interest in the property subject to forfeiture after the commission of the crime that gave rise to the seizure of the property. I. If a person establishes that the person is an innocent owner pursuant to subsection H of this section and the state pursues a forfeiture proceeding with respect to that person's property, other than property described in section 13-3413 to successfully forfeit the property, the state shall prove by clear and convincing evidence that the innocent owner had actual knowledge of the underlying crime that gave rise to the forfeiture. J. If the state is unable to prove the person is not an innocent owner as provided in subsections H and I of this section, the court shall find that the person is an innocent owner and order the state to relinquish all claims of title to the property and return the property to the innocent owner. 13-4305. Seizure of property 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 process issued pursuant to law, including sections 13-3911, 13-3912, 13-3913, 13-3914 and 13-3915. 3. By making a seizure for forfeiture without court process if the officer has probable cause to believe that the property is subject to forfeiture and any of the following is true: (a) The seizure for forfeiture is of property seized incident to a lawful arrest for a crime or a lawful search. (b) The property subject to seizure for forfeiture has been the subject of a prior judgment in favor of this state or any other state or the federal government in a forfeiture proceeding. (c) The peace officer has probable cause to believe that the property is subject to forfeiture and that the delay occasioned by the need to obtain a court order would result in the removal or destruction of the property or otherwise frustrate the seizure. B. The court shall determine probable cause for seizure before real property may be seized for forfeiture. The court may make its determination ex parte if the state demonstrates that notice and an opportunity to appear would create a risk of harm to the public safety or welfare, including the risk of physical injury or the likelihood of property damage or financial loss. C. The court shall determine probable cause for seizure before property may be seized for forfeiture as a substitute asset pursuant to section 13-2314, subsection D or E, or pursuant to section 13-4313, subsection A. The court may issue a seizure warrant for such property if it determines that there is probable cause to believe that the property is subject to forfeiture and is not available for seizure for forfeiture for any reason described in section 13-4313, subsection A. The determinations shall be made ex parte unless real property is to be seized and subsection B of this section requires notice and an opportunity to appear. D. In establishing probable cause for seizure, a rebuttable presumption exists that the property of any person is subject to forfeiture if the state establishes all of the following by clear and convincing evidence: 1. Conduct giving rise to forfeiture occurred. 2. The person acquired the property during the period of the conduct giving rise to forfeiture or within a reasonable time after that period. 3. There is no likely source for the property other than the conduct giving rise to forfeiture. E. The presence or possession of United States currency, debit cards or credit cards, without other indicia of a crime that subjects property to forfeiture, is insufficient probable cause for seizure of United States currency, debit cards or credit cards. 13-4306. Powers and duties of peace officers and agencies; definition 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 forfeiture of the property if forfeiture or retention is unnecessary, may transfer the property to any other state agency or may transfer the action to another attorney for the state by discontinuing forfeiture proceedings in favor of forfeiture proceedings initiated by the other agency or attorney. Except as provided in subsections I and J of this section, the seizing agency or the attorney for the state may not transfer or refer seized property to a federal agency. An action pursuant to this chapter shall be consolidated with any other action or proceeding pursuant to this title relating to the same property on motion by the attorney for the state in either action. B. If property is seized for forfeiture under section 13-4305, pending forfeiture and final disposition, the seizing agency may do any of the following: 1. Remove the property to a storage area for safekeeping or, if the property is a negotiable instrument or money, deposit it in an interest bearing account. 2. Remove the property to a place designated by the court. 3. Provide for another custodian or agency to take custody of the property and remove it to an appropriate location within the jurisdiction of the court. C. As soon as practicable after seizure for forfeiture, the seizing agency shall conduct an inventory and estimate the value of the property seized. Within twenty days the seizing agency or the attorney for the state shall make reasonable efforts to provide notice of seizure for forfeiture to all persons known to have an interest in the seized property. D. A person who acts in good faith and in a reasonable manner to comply with an order of the court or a request of a peace officer is not liable to any person for acts done in compliance with the order or request. E. A possessory lien of a person from whose possession property is seized is not affected by the seizure. F. If property subject to forfeiture under section 13-4305 is seized, the seizing agency shall send to an attorney for the state a written request for forfeiture within twenty days, which shall include a statement of facts and circumstances of the seizure, including the names of witnesses then known, the appraised or estimated value of the property and a summary of the facts relied on for forfeiture. G. An owner of property seized for forfeiture may obtain the release of the seized property by posting with the attorney for the state a surety bond or cash in an amount equal to the full fair market value of the property as determined by the attorney for the state. The state may refuse to release the property if any of the following applies: 1. The bond or cash tendered is inadequate. 2. The property is retained as contraband or evidence. 3. The property is particularly altered or designed for use in conduct giving rise to forfeiture. H. If an owner of property posts a surety bond or cash and the property is forfeited the court shall forfeit the surety bond or cash in lieu of the property. I. The seizing agency or the attorney for the state may not enter into any agreement to transfer or refer seized property to a federal agency for the purpose of forfeiture if the property was seized pursuant to an investigation that either: 1. Did not involve a federal agency. 2. Involves a violation of a state law and no violation of a federal law is alleged. J. Property that is seized in a joint investigation may not be transferred or referred to a federal agency for the purpose of forfeiture unless the gross estimated value of the seized property is more than $75,000. K. This section does not prohibit: 1. The federal government or any of its agencies from seizing property, seeking forfeiture pursuant to federal law and sharing property that is forfeited pursuant to federal law with a state or local law enforcement agency that participates in a joint investigation. 2. A state or local law enforcement agency from participating in a joint investigation. L. A peace officer may not request, require or in any manner induce a person to execute a document that attempts to disclaim an interest in or right to property or that relinquishes interests in or rights to property. M. For the purposes of this section, "joint investigation" means an investigation in which a state or local law enforcement agency directly participates in the investigation or enforcement of a federal criminal law with a federal agency and the investigation or enforcement results in a seizure. 13-4307. Notice of pending forfeiture 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 proceeding must include all of the following: 1. A description of the property seized. 2. The date and place of seizure of the property. 3. The name and address of the law enforcement agency making the seizure. 4. The specific statutory and factual grounds for the seizure. B. If the property sought to be forfeited is real property, including fixtures, the attorney for the state may file a lis pendens or a notice of pending forfeiture with respect to the property with the county recorder of the county where the property is located, in addition to any lien provided by section 13-2314.02 without a filing fee or other charge. C. A notice of pending forfeiture proceeding must be delivered as follows: 1. If the owner's or interest holder's name and current address are known, by either: (a) Personal service. (b) Mailing a copy of the notice by certified mail to the address. 2. If the owner's or interest holder's interest is required by law to be on record with a county recorder's office, the secretary of state, the motor vehicle division of the department of transportation, the Arizona game and fish department or another state or federal licensing agency in order to perfect an interest in the property, but his current address is not known, by mailing a copy of the notice by certified mail to any address on the record. 3. If the owner's or interest holder's address is not known, and is not on record as provided in paragraph 2 of this subsection, or if his interest is not known, by publication in one issue of a newspaper of general circulation in the county in which the seizure occurs. D. The notice of pending forfeiture proceeding must also be served on the person's attorney of record and all persons known or reasonably believed by the state to claim an interest in the property. E. An owner of or interest holder in the property may file a claim against the property at any time within sixty days after the notice or sixty days before a criminal trial, whichever is later, requesting a hearing to adjudicate the validity of the claimed interest in the property. An owner or interest holder may not be charged a filing fee or any other charge for filing the claim. Copies of the claim shall be mailed to the seizing agency and to the attorney for the state. F. The claim shall be signed by the claimant under penalty of perjury and shall set forth all of the following: 1. The caption of the proceeding as set forth on the notice of pending forfeiture or complaint and the name of the claimant. 2. The address at which the claimant will accept future mailings from the court or the attorney for the state. 3. The nature and extent of the claimant's interest in the property. 4. All facts supporting the claimant's claim in the property and its return to the claimant. 5. The precise relief sought. 13-4308. Commencement of proceedings 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 if a claim has been filed. If, on inquiry and examination, the attorney for the state determines that the proceedings probably cannot be sustained or that justice does not require the institution of such proceedings, the attorney for the state shall notify the seizing agency and immediately authorize the release of the seizure for forfeiture on the property or on any specified interest in it. B. The state may not proceed with further forfeiture proceedings before a criminal conviction for an offense to which forfeiture applies unless no timely claim has been filed or a conviction is waived pursuant to this chapter. C. If the state fails to proceed with further forfeiture proceedings within sixty days following a person's conviction for an offense to which forfeiture applies and a claim has been filed, such property shall be released from its seizure for forfeiture to an owner or interest holder, pending further proceedings pursuant to this chapter, which shall be commenced within seven years after actual discovery of the last act giving rise to forfeiture. 13-4309. Postdeprivation hearing A. After the seizure of property, the defendant in the related criminal matter or another person who claims an interest in the seized property, up to sixty days after the notice, may claim an interest in seized property by filing a motion with the superior court requesting an order for the release of the claimed property to the person's custody pending further forfeiture proceedings and orders pursuant to this chapter. A motion filed pursuant to this section must include facts to support the person's alleged interest in the property. The state may elect to not contest the motion and the release of the claimed property to the custody of the person who is claiming the interest in the seized property. The state may request that the court issue a protective order that preserves the availability of released property pending further forfeiture proceedings. 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 hearing on a motion filed pursuant to this section, the state shall file an answer or responsive motion that includes the reasons why the state is entitled to retain possession of the property. D. The court shall grant the claimant's motion if the court finds that any of the following applies: 1. It is likely that the final judgment will require the state to return the property to the claimant. 2. The property is not reasonably required to be held for evidentiary reasons. 3. The property is the only reasonable means for a defendant to pay for legal representation in a related criminal or forfeiture proceeding. This paragraph does not apply if the court finds by sufficient evidence, presented in a hearing on a motion, answer or responsive motion, that another person has filed a claim to the seized property and the other person is the victim, as defined in section 13-4401, of the alleged crime that gave rise to the forfeiture. E. The court may order the return of money or property sufficient to obtain legal counsel but less than the total amount seized and the court may require an accounting. F. In lieu of ordering the return of property, the court may order: 1. The state to give security or written assurance for satisfaction of any judgment, including damages, that may be rendered in a related forfeiture action. 2. Any other relief that the court deems to be just. G. This section does not prevent either of the following: 1. The state from returning any property to the owner of the property. 2. The filing of a racketeering lien pursuant to section 13-2314.02 or a restitution lien pursuant to section 13-806. 13-4310. Judicial forfeiture proceedings; damages 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 not charge a person who claims ownership or to be an interest holder a filing fee or any charge for filing the answer. B. A defendant convicted in any criminal proceeding shall be precluded from subsequently denying the essential allegations of the criminal offense of which he was convicted in any proceeding pursuant to this chapter. For the purposes of this chapter, a conviction may result from a verdict or plea including a no contest plea. C. In any judicial forfeiture hearing, determination or other proceeding pursuant to this chapter, the applicant, petitioner or claimant must establish by a preponderance of the evidence that he is an owner of or interest holder in the property seized for forfeiture before other evidence is taken. The burden of proving the standing of the claimant and the existence of the exemption is on the claimant or party raising the claim, and it is not necessary to negate the standing of any claimant or the existence of any exemption in any notice, application, complaint, information or indictment. D. In hearings and determinations pursuant to this chapter the law of evidence relating to civil actions applies equally to all parties, including the state, an applicant, a petitioner, a claimant and a defendant, on all issues required to be established by a preponderance of the evidence or clear and convincing evidence. E. The court shall enter a judgment of forfeiture and the seized property shall be forfeited to the state if the state proves by clear and convincing evidence that: 1. The property is subject to forfeiture. 2. The criminal prosecution related to the seized property resulted in a conviction or the court waived the requirement for a conviction pursuant to section 13-4304. 3. There is no innocent owner or third-party interest holder to whom the property should be delivered. 4. The value of the property to be forfeited does not unreasonably exceed: (a) The pecuniary gain derived or sought to be derived by the crime. (b) The pecuniary loss caused or sought to be caused by the crime. (c) The value of the convicted owner's interest in the property. F. A person is not jointly and severally liable for orders for forfeiture of another person's property. If ownership of property is unclear, a court may order each person to forfeit the person's property on a pro rata basis or by another means that the court deems equitable. G. All property, including all interests in such property, declared forfeited under this title vests in this state on the commission of the act or omission giving rise to forfeiture under this title together with the proceeds of the property after such time. Any property or proceeds subsequently transferred to any person are subject to forfeiture and thereafter shall be ordered forfeited if the state proves by clear and convincing evidence that the transferee: 1. Had actual knowledge that the property was subject to forfeiture. 2. Was not a bona fide purchaser for value not knowingly taking part in an illegal transaction. H. On the motion of a party and after notice to any persons who are known to have an interest in the property and an opportunity to be heard, the court may order property that has been seized for forfeiture sold, leased, rented or operated to satisfy an interest of any interest holder who has timely filed a proper claim or to preserve the interests of any party. The court may order a sale or any other disposition of the property if the property may perish, waste, be foreclosed on or otherwise be significantly reduced in value or if the expenses of maintaining the property are or will become greater than its fair market value. If the court orders a sale, the court shall designate a third party or state property manager to dispose of the property by public sale or other commercially reasonable method and shall distribute the proceeds in the following order of priority: 1. Payment of reasonable expenses incurred in connection with the sale. 2. Satisfaction of exempt interests in the order of their priority. 3. Preservation of the balance, if any, in the actual or constructive custody of the court in an interest bearing account, subject to further proceedings under this chapter. I. If the property is disposed of pursuant to subsection H of this section, a successful claimant may apply to the court for actual monetary damages suffered, if any, as a result of the disposal of the property, but the state, a political subdivision of the state, or an officer, employee or agent of any of them shall not be liable under this chapter for incidental or consequential damages or for damages either: 1. That could have been avoided if the claimant had made full and immediate disclosure to the attorney for the state of facts or evidence known or available to the claimant. 2. In excess of the fair market value of the property seized for forfeiture at the time of its seizure plus interest from the time of its seizure for forfeiture. J. No person claiming to be an owner of or interest holder in property seized for forfeiture under this chapter may commence or maintain any action against the state concerning the validity of the alleged interest other than as provided in this chapter. K. An injured person may submit a request for compensation from forfeited property to the court at any time before the earlier of the entry of a final judgment or an application for an order of the forfeiture of the property, or if a hearing pursuant to subsections M, N and O of this section is held, not less than thirty days before the hearing. The request shall be signed by the requestor under penalty of perjury and shall set forth all of the following: 1. The caption of the proceeding as set forth on the notice of pending forfeiture or complaint and the name of the requestor. 2. The address at which the requestor will accept future mailings from the court or parties to the action. 3. The property subject to forfeiture from which the requestor seeks compensation. 4. The nature of the economic loss sustained by the requestor. 5. All facts supporting each such assertion. 6. Any additional facts supporting the request. 7. The amount of economic loss that the requestor seeks compensation for. L. If a proper request for compensation from forfeited property is timely filed, the court shall hold a hearing to establish whether there is a factual basis for the request. The requestor has the burden of establishing by a preponderance of evidence that the requestor is an injured person who sustained economic loss. M. The hearing on the claim, to the extent practicable and consistent with the interest of justice, shall be held sixty days after all parties have complied with the disclosure required by rule 26.1, Arizona rules of civil procedure. The court may consolidate the hearing on the claim with a hearing on any other claim concerning the same property. N. At the hearing, the claimant may testify, present evidence and witnesses on the claimant's own behalf and cross-examine witnesses who appear at the hearing. The state may present evidence and witnesses and cross-examine witnesses who appear at the hearing. O. At the hearing, the state has the burden of establishing by clear and convincing evidence that the property is subject to forfeiture under section 13-4304. Any claimant who has previously established by a preponderance of the evidence that the claimant is an owner of or interest holder in the property has the burden of establishing by a preponderance of the evidence that the claimant's interest in the property is exempt from forfeiture under section 13-4304. P. After a hearing: 1. The court shall order an interest in property returned or conveyed to a claimant, if any, who has established by a preponderance of the evidence that the claimant is an owner of or interest holder in the property if either of the following applies: (a) The state has failed to establish by clear and convincing evidence that the interest is subject to forfeiture under section 13-4304. (b) The claimant has established by a preponderance of the evidence that the interest is exempt from forfeiture under section 13-4304. 2. The court shall order all other property, including all interests in the property, forfeited to this state and proceed pursuant to sections 13-4314 and 13-4315. 3. If the court finds that a requestor is an injured person the court shall determine the amount of the injured person's economic loss caused by the conduct giving rise to the forfeiture of the designated property and shall require the following: (a) If the designated property is not contraband and is not altered or designed for use in conduct giving rise to forfeiture, the attorney for the state shall sell the property as provided in section 13-4315, subsection A, paragraph 2 and shall apply the resulting balance to compensate the injured person's economic loss in the amount found by the court. (b) If the balance is insufficient to compensate the economic loss of all injured persons the attorney for the state shall distribute the balance among the injured persons according to a method determined by the court. (c) After compensating all injured persons, the attorney for the state shall transmit ten percent of the remaining balance, if any, to the state treasurer for deposit in the victim compensation and assistance fund established by section 41-2407. (d) The attorney for the state shall deposit the remainder of the balance, if any, in an appropriate anti-racketeering revolving fund established by section 13-2314.01 or 13-2314.03. 13-4311. Judicial in rem forfeiture proceedings 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 Arizona rules of civil procedure. B. Judicial in rem forfeiture proceedings are in the nature of an action in rem and are governed by the Arizona rules of civil procedure unless a different procedure is provided by law. A civil in rem action may be brought by the state in addition to or in lieu of the civil and criminal in personam forfeiture procedures set forth in sections 13-4312 and 13-4313 if the prosecutor shows by clear and convincing evidence that there is no known owner of the seized property, diligent efforts have been made to identify the owner of the seized property and no person has asserted an ownership interest in the seized property or that, before or after the conviction, the defendant or alleged criminal: 1. Died. 2. No longer resides in the United States or was deported. 3. Was granted immunity or reduced punishment in exchange for testifying or assisting a law enforcement investigation or prosecution. 4. Fled the jurisdiction of this state. 5. Abandoned the property. C. On the filing of a civil in rem action by the state in superior court the clerk of the court in which the action is filed or the attorney for the state shall provide the notice of pending forfeiture required by section 13-4307 unless the files of the clerk of the court reflect that the notice has previously been made. D. An owner of or interest holder in the property may file a claim against the property pursuant to section 13-4307, within sixty days after the notice, for a hearing to adjudicate the validity of the owner's or interest holder's claimed interest in the property. The court shall hold the hearing without a jury. An owner or interest holder may not be charged a filing fee or any other charge for filing the claim. 13-4312. Judicial in personam forfeiture proceedings 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 particularity property that the state seeks to forfeit pursuant to this section in that action, if any. B. Notwithstanding subsection C of this section, a temporary restraining order under this section may be entered on application of the state without notice or an opportunity for a hearing if the state demonstrates both that: 1. The seizure is incident to a lawful arrest for a crime or a search lawfully conducted pursuant to a search warrant and the state has probable cause to believe that the property with respect to which the order is sought would, if a conviction occurs, be subject to forfeiture under this title and that the subject of the arrest or search warrant is an owner of the property. 2. Provision of notice will jeopardize the availability of the property for forfeiture. A temporary restraining order expires within ten days after the date on which it is entered unless the party against whom it is entered consents to an extension for a longer period or unless the state can demonstrate the property is being held as evidence in a criminal case. C. Notice of the entry of the restraining order and an opportunity for a hearing shall be afforded to persons known to have an interest in the property, whether or not a temporary restraining order is entered without notice. The hearing, however, is limited to the issues of whether both: 1. There is a probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, conveyed, encumbered or further encumbered, removed from the jurisdiction of the court, concealed or otherwise made unavailable for forfeiture. 2. The need to preserve the availability of property through the entry of the requested order outweighs the hardship on any owner, interest holder or defendant against whom the order is to be entered. D. A hearing requested by any owner or interest holder concerning an order entered under this section shall be held at the earliest possible time and before the expiration of a temporary order. 13-4313. Supplemental remedies 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 property: 1. It cannot be located. 2. It has been transferred or conveyed to, sold to or deposited with a third party. 3. It has been placed beyond the jurisdiction of the court. 4. It has been substantially diminished in value by any act or omission of the defendant. 5. It has been commingled with other property which cannot be divided without difficulty. 6. It is subject to any interest that is exempt from forfeiture. B. In addition to any other remedy provided for by law, if property subject to forfeiture is conveyed, alienated, encumbered, disposed of, received, removed from the jurisdiction of the court, concealed or otherwise rendered unavailable for forfeiture after the filing of a racketeering lien notice or provision of notice of pending forfeiture or after the filing and notice of a civil proceeding or criminal proceeding alleging forfeiture under this chapter, whichever is earlier, the state may institute an action in superior court against the person named in the racketeering lien or notice of pending forfeiture or the defendant in the civil proceeding or criminal proceeding, and the court shall enter final judgment against the person named in the racketeering lien or notice of pending forfeiture or the defendant in the civil proceeding or criminal proceeding in an amount equal to the fair market value of the property, together with reasonable investigative expenses and attorney fees. If a civil proceeding under this chapter is pending, the action shall be filed only in the court where the civil proceeding is pending. C. This section does not limit the right of the state to obtain any order or injunction, receivership, writ, attachment, garnishment or other remedy authorized under this title or appropriate to protect the interests of the state or available under other applicable law, including title 44, chapter 8, article 1. 13-4314. Disposition by court 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. 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. 13-4315. Allocation of forfeited property 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 the following: 1. Sell, lease, lend or transfer the property to any local or state government entity or agency or political subdivision, any law enforcement agency or prosecutorial agency or any federal law enforcement agency that operates within this state for official federal, state or political subdivision use within this state, with expenses for keeping and transferring such property to be paid by the recipient. Property may not be allocated for official use if the fair market value of the property substantially exceeds the agency's probable cost of purchasing other property equally suited for the intended official use. Property that is allocated for official use may not be assigned for use by any person who supervised or exercised discretion in its forfeiture unless the use is approved in writing by the head of the agency. 2. Sell forfeited property by public or otherwise commercially reasonable sale with expenses of keeping and selling the property and the amount of all valid interests established by claimants paid out of the proceeds of the sale with the balance paid into the anti-racketeering revolving fund of the state or of the county in which the political subdivision seizing the property or prosecuting the action is located. A sale of forfeited property may not be made to any employee of the seizing agency, any person who participated in the forfeiture, any employee of a contractor selling the property on behalf of the seizing agency or any member of the immediate family of any of these employees or persons. 3. Destroy or use for investigative purposes any illegal or controlled substances or other contraband at any time more than twenty days after seizure, on written approval of the attorney for the state, preserving only such material as may be necessary for evidence. 4. Sell, use or destroy all raw materials, products and equipment of any kind used or intended for use in manufacturing, compounding or processing a controlled substance. 5. Compromise and pay claims against property forfeited pursuant to any provision of this section. 6. Make any other disposition of forfeited property authorized by law for the disposition of property of the state, government entity, agency or political subdivision. B. Notwithstanding subsection A of this section or any other law to the contrary: 1. If the property forfeited is money, and a law enforcement agency can specifically identify monies as being from its investigative funds or as being exchanged for property from its investigative property, the monies shall be remitted to the investigative fund. If there are additional forfeited monies or monies tendered on satisfaction by an interest holder that cannot be specifically identified, the court shall order the monies returned to each law enforcement agency that makes a showing of costs or expenses that it incurred in connection with the investigation and prosecution of the matter and shall order all excess monies remaining after such returns deposited in the anti-racketeering revolving fund of this state or of the county in which the political subdivision seizing the monies or prosecuting the action is located, established pursuant to section 13-2314.01 or 13-2314.03. 2. If the property declared forfeited is an interest in a vehicle, the court shall order it forfeited to the local, state or other law enforcement agency seizing the vehicle for forfeiture or to the seizing agency. C. Monies in any anti-racketeering revolving fund established pursuant to this title may be used, in addition to any other lawful use, for: 1. The payment of any expenses necessary to seize, detain, appraise, inventory, protect, maintain, preserve the availability of, advertise or sell property that is subject to forfeiture and that is seized, detained or forfeited pursuant to this title or of any other necessary expenses incident to the seizure, detention, preservation or forfeiture of the property. The payments may include payments for contract services and payments to reimburse any federal, state or local agency for any expenditures made to perform the investigative, storage and maintenance functions associated with the property held by the seizing agency. 2. The payment of awards for information or assistance leading to a civil or criminal proceeding under this title. 3. The payment of compensation from forfeited property to injured persons as provided in section 13-4310, subsection P, paragraph 3. D. Each attorney for the state shall submit a copy of each forfeiture judgment, including each order of forfeiture, to the Arizona criminal justice commission within sixty days after the forfeiture judgment becomes final or after the conclusion of appellate review, if any.