The bill introduces comprehensive reforms to civil asset forfeiture procedures in Washington State, aiming to standardize the process and enhance protections for property owners. It establishes a new chapter that mandates law enforcement agencies to notify property owners of seizures within 15 days and provides clear guidelines for contesting forfeitures. The bill specifies that property is deemed forfeited if no ownership claim is made within 60 days for personal property and 120 days for real property. It also shifts the burden of proof to the seizing agency, ensuring that property owners are not penalized for actions taken without their knowledge. Additionally, the bill allows landlords to assert claims against proceeds from forfeited assets if their property is damaged during law enforcement actions, while outlining the conditions and limitations for such claims.
Moreover, the bill amends existing laws related to the seizure and forfeiture of property connected to various unlawful activities, including drug offenses and vehicle violations. It clarifies the standards of evidence required for forfeiture, changing it to "clear, cogent, and convincing evidence," and emphasizes that property owners are not liable for forfeiture if they were unaware of the illegal activities. The legislation also extends the timeframes for property owners to claim their seized property and mandates that a portion of the net proceeds from forfeitures be allocated to specific programs, such as a behavioral health loan repayment and scholarship program. Overall, the bill seeks to create a more equitable and transparent forfeiture process while safeguarding the rights of property owners and landlords affected by law enforcement actions.
Statutes affected: Original Bill: 9.68A.120, 9A.88.150, 9A.83.030, 10.105.010, 19.290.230, 46.61.5058, 70.74.400, 70.74.390, 38.42.020
Substitute Bill: 9.68A.120, 9A.88.150, 9A.83.030, 10.105.010, 19.290.230, 46.61.5058, 70.74.400, 70.74.390, 38.42.020
Second Substitute: 9.68A.120, 9A.88.150, 9A.83.030, 10.105.010, 19.290.230, 46.61.5058, 70.74.400, 70.74.390, 38.42.020
Engrossed Second Substitute: 9.68A.120, 9A.88.150, 9A.83.030, 10.105.010, 19.290.230, 46.61.5058, 70.74.400, 70.74.390, 38.42.020
Bill as Passed Legislature: 9.68A.120, 9A.88.150, 9A.83.030, 10.105.010, 19.290.230, 46.61.5058, 70.74.400, 38.42.020
Session Law: 9.68A.120, 9A.88.150, 9A.83.030, 10.105.010, 19.290.230, 46.61.5058, 70.74.400, 38.42.020