OLYMPIA — Gov. Bob Ferguson signed legislation Saturday to provide more consistency and transparency in civil asset forfeiture across the state, including changing the burden of proof threshold.
House Bill 1440, sponsored by Rep. Roger Goodman (D-Kirkland), protects property owners from unfair civil asset forfeiture laws by consolidating different civil asset forfeiture laws into one statute and establishing uniform guidelines.
The law includes language that has been proposed by Sen. Bob Hasegawa (D-Tukwila) for many years elevating the burden of proof law enforcement agencies must meet to forfeit seized property from a preponderance of the evidence, the lowest level, to clear, cogent, and convincing evidence. Washington currently ranks among the worst states for civil forfeiture laws.
“These changes give more constitutional security and protections for those whose property is seized by law enforcement,” Hasegawa said. “It’s important that there are clear guidelines for everyone involved in these processes. People lose their property in civil asset forfeiture, sometimes without even being charged or convicted of a crime, and this amendment ensures there are easily understood, persuasive, and logical reasons for the seizure. I’d like to thank Rep. Goodman for working with me to adopt the amendment and former Sen. Mike Padden, whom I worked with for years on this issue.”
Other aspects of the bill address who bears the burden of proof, timing of notice, attorney’s fees, and stronger reporting requirements to assess efficacy.
The legislation goes into effect January 1, 2026.
###