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Washington raises civil‑forfeiture standard to 'clear and convincing' in new law

May 17, 2025 | Governor's Office - Boards & Commissions, Executive, Washington


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Washington raises civil‑forfeiture standard to 'clear and convincing' in new law
Governor Ferguson signed House Bill 1440 during a ceremonial bill‑signing event, calling the measure a comprehensive reform of Washington’s civil asset forfeiture law to enhance transparency and fairness.

"Civil asset forfeiture allows law enforcement agencies to seize property suspected of being involved in or derived from criminal activity," the governor said as he introduced the bill, and "it also raises the legal standard for civil forfeiture from a preponderance of evidence to clear and convincing evidence," language quoted from the bill presentation.

The law standardizes notice requirements and sets uniform procedures intended to ensure forfeiture occurs only when the higher standard is met. The transcript attributes the bill's prime sponsorship to State Representative Roger Goodman; the governor thanked Goodman and others for work on the legislation.

What happens next: the statute will govern how agencies and courts handle civil forfeiture claims going forward; any implementing rules, notice templates or agency guidance will be developed after enactment. Reporters seeking further detail should review the enrolled bill text and monitor guidance from the Attorney General's Office and affected law enforcement agencies for how the new standard and procedures will be operationalized.

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