The bill introduces comprehensive reforms to civil asset forfeiture procedures in Washington State, amending existing laws to establish standardized processes and enhance protections for property owners. Key provisions include a requirement for seizing agencies to notify property owners and interested parties within 15 days of a seizure, informing them of their right to contest the forfeiture and the potential for reimbursement of legal fees if they prevail. The bill also specifies that if no claims are made within designated timeframes—60 days for personal property and 120 days for real property—the property is automatically deemed forfeited. Additionally, it clarifies the burden of proof for seizing agencies and includes protections for landlords to assert claims against proceeds from the sale of seized assets if their property is damaged during law enforcement actions.

Further amendments address the standards of evidence required for property forfeiture, changing the standard from "preponderance of the evidence" to "clear, cogent, and convincing evidence." The bill mandates that law enforcement agencies remit a percentage of forfeited property proceeds to the state treasury and outlines how these proceeds can be utilized. It also establishes new reporting requirements for seizing agencies, including quarterly reports to the state treasurer and the remittance of ten percent of net proceeds from forfeited property to a designated state account. Overall, the legislation aims to enhance transparency, accountability, and fairness in the asset forfeiture process while ensuring that law enforcement agencies retain necessary resources for enforcement.

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