The bill introduces comprehensive reforms to civil asset forfeiture procedures in Washington State, aiming to standardize the process and enhance protections for property owners. Key provisions include a requirement for agencies to notify property owners of seizures within 15 days and the establishment of timelines for contesting forfeitures—60 days for personal property and 120 days for real property. The bill emphasizes that property cannot be forfeited if the owner was unaware of the illegal activity leading to the seizure. Additionally, it mandates that a percentage of net proceeds from forfeited property be remitted to the state treasury, with allocations for behavioral health programs, and outlines the process for landlords to claim damages for property damage incurred during law enforcement actions.
Further amendments clarify the handling of forfeited property, including the requirement for law enforcement agencies to maintain records and remit a portion of proceeds to victims of crimes related to the forfeiture. The bill also revises the criteria for proving property was used in a crime, shifting the burden of proof to "clear, cogent, and convincing" evidence. It establishes new provisions for the seizure of vehicles and explosives, streamlining processes and removing previous notification requirements. Additionally, the bill extends the timelines for property owners to claim seized property and introduces protections for service members in civil asset forfeiture proceedings. Overall, the legislation aims to enhance accountability, transparency, and fairness in the forfeiture process while ensuring that victims and landlords have avenues for compensation.
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