Bill > HB1440

This bill establishes comprehensive standard procedures for civil asset forfeiture in Washington state, creating a new chapter in state law that governs how law enforcement agencies can seize and forfeit property. The key provisions include: requiring law enforcement to serve notice within 15 days of seizure to property owners, establishing clear timelines for property owners to contest seizures (60 days for personal property, 120 days for real property), and shifting the burden of proof to law enforcement to demonstrate by "clear, cogent, and convincing evidence" that property is subject to forfeiture. The bill protects property owners by ensuring they cannot lose property for actions committed without their knowledge, limiting forfeiture of community property interests, and allowing property owners to recover reasonable attorneys' fees if they substantially prevail in a forfeiture proceeding. Additionally, the bill requires seizing agencies to remit 10 percent of net proceeds from forfeitures to the state, with most of these funds going to the behavioral health loan repayment program through 2027 and then to the state general fund. The legislation also provides specific protections for landlords whose properties might be damaged during searches and clarifies how forfeited property can be used or disposed of by law enforcement agencies.