The bill establishes new procedures for civil asset forfeiture in Washington State, aiming to enhance transparency and protect property owners' rights. It requires law enforcement agencies to serve notice of seizure to property owners within 15 days, allowing them to contest the forfeiture and seek reimbursement for legal fees if they prevail. Property owners must claim their rights within specified timeframes—60 days for personal property and 120 days for real property—after which the property is deemed forfeited. The bill also places the burden of proof on the seizing agency to demonstrate that the property is subject to forfeiture and includes provisions for landlords to claim damages if their property is harmed during law enforcement actions.
Additionally, the bill amends existing laws related to the seizure and forfeiture of property associated with various unlawful activities, including theft and controlled substances. It introduces a new chapter governing these procedures, stipulating that seizing agencies must remit a percentage of net proceeds from forfeited property to the state treasury, with allocations for behavioral health programs. The bill clarifies that no property rights exist in forfeited items and outlines the conditions under which landlords can assert claims for damages. It also extends protections under the Service Members' Civil Relief Act to individuals involved in civil asset forfeiture proceedings. The act is set to take effect on January 1, 2026, applying to seizures occurring on or after that date.
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