Sen. Bob Hasegawa’s (D-Seattle) bill, SB 5060, raises the burden of proof in civil asset forfeiture cases from the current standard of a preponderance of evidence (51%) to the more rigorous standard of clear, cogent, and convincing (highly likely). The adoption of a higher burden of proof will make it harder for law enforcement to successfully seize assets related to illegal activity.

Civil asset forfeiture allows law enforcement agencies to take possession of property when the property itself is illegal, was used to facilitate a crime, are proceeds from a crime, or was purchased with proceeds traceable to criminal activity. State law allows for forfeiture in numerous areas but most forfeiture is related to drug crimes.

AWC opposes the legislation.

Dates to remember

SB 5060 will be heard in the Senate Law & Justice Committee at 10 am on Thursday, January 24.