HB 1440 Washington House · 2025-2026 Regular Session

Concerning seizure and forfeiture procedures and reporting.

HB 1440 establishes standardized procedures for civil asset forfeiture, directly affecting property owners whose assets are seized by law enforcement agencies. It requires seizing agencies to provide notice to property owners within 15 days of seizure, detailing their right to contest the forfeiture within specific deadlines (60 or 120 days depending on property type). The bill places the burden of proof on the seizing agency to demonstrate, by a preponderance of the evidence, that the property is subject to forfeiture. It also protects property interests of owners who were unaware of or did not consent to the violation, and ensures that individuals who substantially prevail in a forfeiture proceeding are entitled to reimbursement for reasonable attorneys' fees.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Mar 2025
House Passage
Apr 2025
Senate Passage
Apr 2025
Signed into Law
May 2025
Introduced Jan 21, 2025 Signed May 17, 2025
Maddy AI version diff · 4 comparisons

What changed between versions

Engrossed Second Substitute Bill Second Substitute Passed Legislature · 6 edits
MODERATE
This bill updates Washington State's civil asset forfeiture laws to raise the standard of proof required for seizing property from a 'preponderance of the evidence' to 'clear, cogent, and convincing evidence,' making it significantly harder for the government to take private property. The changes also expand the types of courts that can hear forfeiture cases, adjust deadlines for claiming seized property, and clarify how funds from forfeited assets are distributed to support law enforcement and specific state programs.
Scope change
The bill expands the scope of judicial review by allowing municipal courts to hear cases involving lower-value personal property, whereas previously only district courts had jurisdiction for such matters.
ENFORCEMENT

Raised the burden of proof for the government to seize property from 'preponderance of the evidence' to 'clear, cogent, and convincing evidence' across multiple sections of the law.

REQUIREMENT

Extended the time limit for property owners to claim seized personal property from 45 days to 60 days, and real property from 90 days to 120 days.

Added a requirement that seized property must be returned in a 'substantially similar condition' rather than the 'same or substantially similar condition' previously required.

ELIGIBILITY

Expanded the types of courts that can hear forfeiture cases to include municipal courts for lower-value personal property, in addition to district courts.

FISCAL

Reorganized the allocation of forfeiture proceeds to ensure specific percentages go to the behavioral health loan repayment program and the prostitution prevention account, while retaining other funds for general law enforcement expenses.

TECHNICAL

Corrected internal references to the new chapter number in the text, changing references from 'section 16' to 'section 15' to align with the final bill structure.

Floor votes · Senate Apr 10, 2025 · House Mar 5, 2025

How they voted

3120
Passed
Total votes 51
Apr 10, 2025
D Democratic31
29 Yea 2 Nay
93% Yea
R Republican20
2 Yea 18 Nay
90% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
43
Key actions
19
Committee
13
Amendments
3
May 17, 2025
Signed into law
Governor signed.
executive
Apr 25, 2025
Upper · Passed
President signed.
upper
Apr 24, 2025
Lower · Passed
Speaker signed.
lower
Apr 24, 2025
Lower · Passed
Passed final passage; yeas, 58; nays, 37; absent, 0; excused, 3.
lower
Apr 24, 2025
Lower · Passed
House concurred in Senate amendments.
lower
Apr 23, 2025
Upper · Passed
Floor amendment(s) adopted.
upper
Apr 23, 2025
Introduced
Senate receded from amendments.
upper
Apr 18, 2025
Introduced
House refuses to concur in Senate amendments. Asks Senate to recede from amendments.
lower
Apr 10, 2025
Upper · Passed
Floor amendment(s) adopted.
upper
Apr 10, 2025
Amended
Committee amendment not adopted.
upper
Mar 20, 2025
Upper · Passed
Minority; without recommendation.
upper
Mar 20, 2025
Upper · Passed
Minority; do not pass.
upper
Mar 20, 2025
Upper · Passed
LAW - Majority; do pass with amendment(s).
upper
Mar 20, 2025
Upper · Passed
Executive action taken in the Senate Committee on Law & Justice at 10:30 AM.
upper
Mar 18, 2025
Upper · Passed
Public hearing in the Senate Committee on Law & Justice at 8:00 AM.
upper
Mar 5, 2025
Lower · Passed
Floor amendment(s) adopted.
lower
Feb 28, 2025
Committee
Referred to Rules 2 Review.
lower
Feb 27, 2025
Lower · Passed
Minority; without recommendation.
lower
Feb 27, 2025
Lower · Passed
Executive action taken in the House Committee on Transportation at 1:00 PM.
lower
Feb 24, 2025
Lower · Passed
Public hearing in the House Committee on Transportation at 1:30 PM.
lower
Feb 20, 2025
Committee
Referred to Transportation.
lower
Feb 18, 2025
Lower · Passed
Minority; do not pass.
lower
Feb 18, 2025
Lower · Passed
Executive action taken in the House Committee on Civil Rights & Judiciary at 10:30 AM.
lower
Feb 4, 2025
Lower · Passed
Public hearing in the House Committee on Civil Rights & Judiciary at 10:30 AM.
lower
1 primary · 3 co-sponsors

Sponsors