The bill introduces comprehensive reforms to the civil asset forfeiture process in Washington State, aiming to enhance transparency and protect the rights of property owners. It establishes a new chapter in the law that outlines the rights of property owners, including the requirement for timely notice of seizure and the opportunity to contest forfeiture in court. Key provisions stipulate that if no claim is made within specified timeframes—60 days for personal property and 120 days for real property—the property is deemed forfeited. The burden of proof is placed on the seizing agency to demonstrate that the property is subject to forfeiture, and property owners are entitled to reimbursement for reasonable attorneys' fees if they prevail in a forfeiture proceeding.
Additionally, the bill mandates that seizing agencies maintain detailed records of forfeitures and submit annual reports to the Washington State Patrol, which will create a public database. It specifies that a portion of the net proceeds from forfeited property must be remitted to the state general fund and outlines conditions under which landlords can claim damages from property seizures. The legislation also amends existing laws related to the seizure of property involved in the exploitation of minors, ensuring protections for property owners who were unaware of violations. Overall, the bill aims to streamline the forfeiture process while prioritizing victim restitution and safeguarding the rights of innocent property owners.
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