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TN SB0493

TN SB0493
AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 33, relative to civil forfeiture.


summary

Introduced
01/29/2025
In Committee
Crossed Over
Passed
Dead

Introduced Session

114th General Assembly

Bill Summary

As introduced, increases the burden of proof required to be met by the state in civil asset forfeiture proceedings from a preponderance of evidence standard to a clear and convincing evidence standard. - Amends TCA Title 40, Chapter 33.

AI Summary

This bill amends Tennessee's civil asset forfeiture laws by increasing the standard of proof required for the state to seize property from a "preponderance of evidence" to a "clear and convincing evidence" standard. In legal terms, this means the state will now need to provide more substantial and persuasive evidence to justify property seizures during civil forfeiture proceedings. Currently, under the "preponderance of evidence" standard, the state must show that it is more likely than not (over 50% probability) that the property is connected to criminal activity. The new "clear and convincing evidence" standard requires a higher level of proof, meaning the evidence must be substantially more probable and create a firm belief that the property is related to criminal conduct. The bill will apply to property seizures occurring on or after July 1, 2025, and represents a significant change intended to provide greater protection for property owners by making it more difficult for law enforcement to confiscate assets without strong justification.

Committee Categories

Justice

Sponsors (1)

Last Action

Assigned to General Subcommittee of Senate Judiciary Committee (on 04/01/2025)

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