Asset forfeiture laws are regularly changing, with new legislation being introduced into state legislatures on a somewhat frequent basis. Be sure to check with an attorney in your state to learn if there have been any recent updates to the forfeiture laws.
Below, you will find a list of asset forfeiture laws in all 50 states and the District of Columbia, including the states’ burden of proof for seizing property that may be connected to a crime, law enforcement’s reporting requirements (if any such requirement exists), and which entities have access to forfeiture proceeds.
Alabama
Ala. Code § 20-2-93(h)
A preponderance of the evidence, Alabama can seize any property, proceeds, or instrumentality of any kind if used in the commission of a crime.
None, 100 percent of forfeiture proceeds go to law enforcement.
Alaska
Alaska Stat. § 17.30.112, Alaska Stat. § 17.30.110
Reasonable suspicion that the article being seized is related to a crime
None, 100 percent of the property goes to law enforcement if the property is worth $5,000 or less and something other than money, and up to 75 percent in all other cases.
Arizona
Ariz. Rev. Stat. § 13-2314.01, et. seq.
A preponderance of the evidence may change due to HB 2477, which may change to a “clear and convincing” evidence standard.
Law enforcement agencies are required to file quarterly forfeiture reports with the AZ Criminal Justice Commission, which must aggregate those reports and submit them to the Legislature; Law enforcement keeps 100 percent of forfeiture funds.
Arkansas
Ark. Code Ann. §§ 5-64-505, 10-4-417
A preponderance of the evidence but may change due to SB 727
Law enforcement must submit reports of seizures and final disposition to the Arkansas Drug Director, which maintains the Asset Seizure Tracking System database, 100 percent of forfeiture proceeds go to law enforcement.
California
Cal. Health & Safety Code § 11495, § 11488.4
A criminal conviction is required before forfeiture in any state case where the items seized are cash under $40,000 or other property such as homes and vehicles regardless of value due to SB443 signed by Governor Brown.
California Attorney General must compile annual aggregate forfeiture reports using county data; 66.25 percent of forfeiture proceeds go to law enforcement.
Colorado
Colo. Rev. Stat. § 16-13-701
Clear and convincing evidence, See HB 1313
Prosecutors are required to file annual forfeiture reports with the Department of Local Affairs.
Connecticut
Conn. Gen. Stat. § 54-36a
A criminal conviction is required before forfeiture; see HB 7146 signed by Governor Malloy in 2017
Seizing agencies must maintain an inventory of seized property; 69.5 percent of forfeiture proceeds go to law enforcement, except in cases of sexual exploitation, prostitution, and human trafficking when 100 percent of proceeds go to a victims’ compensation fund.
Delaware
Del. Code Ann. tit. 11, §§ 4113, 4115
Probable cause, an owner can rebut by a preponderance of the evidence.
None, law enforcement can keep 100 percent of the forfeiture funds.
District of Columbia
D.C. Code § 41-312
A preponderance of the evidence, but clear and convincing evidence for
Motor vehicles,
Real property and
Up to $1,000 in currency
Note: If the property is the primary residence of the owner, the owner of the property must be convicted of the offense
Attorney General and Metropolitan Police Department are required to create aggregate forfeiture reports; all currency and proceeds from sales of forfeited property must be deposited in the general fund.
Florida
Fla. Stat. §§ 932.7061–932.7062
Beyond a reasonable doubt that property is linked to a crime, see S B 1044
None, up to 85 percent of forfeiture proceeds go to law enforcement.
Georgia
Ga. Code Ann. § 9-16-19
A preponderance of the evidence
Up to 100 percent of forfeiture proceeds go to law enforcement. Required to report to:
Governing jurisdiction
State agencies
District attorneys with the state auditor
Carl Vinson Institute of Government at the University of Georgia
Hawaii
Haw. Rev. Stat. § 712A-16
A preponderance of the evidence
The Attorney General’s office is required to aggregate law enforcement forfeiture reports and submit to the Legislature 100 percent of forfeiture proceeds for various law enforcement projects.
Idaho
Idaho Code § 37-2744
A preponderance of the evidence
None, 100 percent of forfeiture proceeds go to law enforcement.
Illinois
725 Ill. Comp. Stat. 150/5, 720 Ill. Comp. Stat. 550/12
Probable cause unless the property is worth less than $150,000 AND is not real property, the government doesn’t need to make any show. Forfeiture is automatic in these circumstances unless an owner files a claim and deposits a bond worth the greater of $100 or 10 percent of the property’s value.
Law enforcement must provide an inventory of drug-related seizures to the Director of the Department of State Police and reports of all property seized for forfeiture to the state’s attorney for the county, 90 percent of forfeiture proceeds go to law enforcement.
Indiana
Ind. Code §§ 33-39-8-5(7), 34-24-1-4.5
A preponderance of the evidence, but see SB 8
Indiana Prosecuting Attorneys Council is required to aggregate forfeiture reports submitted by judicial districts. No forfeiture proceeds go to law enforcement.
Iowa
Iowa Code § 809A.13(7)
If property valued at f property is valued at under $5,000, the owner must first be convicted in criminal court before their property can be forfeited in civil court. See Senate File 446
None, 100 percent of forfeiture proceeds go to law enforcement.
Kansas
Kan Stat. Ann. § 60-4117
A preponderance of the evidence
Law enforcement must submit forfeiture reports to their budgetary authorities; 100 percent of forfeiture proceeds go to law enforcement.
Kentucky
Ky. Rev. Stat. Ann. §§ 15A.342, 218A.440
Clear and convincing evidence to forfeit real property but need only show “slight evidence of traceability” to a crime for other property
Law enforcement must report their forfeitures to the Office of the State Auditor and the Secretary of the Justice and Public Safety Cabinet, 100 percent of forfeiture proceeds go to law enforcement.
Louisiana
La. Stat. Ann. § 40:2616
A preponderance of the evidence
Prosecutors are required to file annual seizure reports with the state Legislature; 80 percent goes to law enforcement, remaining 20 percent goes to the criminal court fund.
Maine
Me. Stat. tit. 15, § 5825
A preponderance of the evidence
No forfeiture proceeds go to law enforcement. All forfeiture proceeds go to the general fund, with some exceptions.
Maryland
Md. Code Ann., Crim. Proc. § 12-601–602
A preponderance of the evidence, in most circumstances
None, no forfeiture proceeds go to law enforcement.
Massachusetts
Mass. Gen. Laws ch. 94C, § 47
Probable cause
Law enforcement must maintain an inventory of seized property; 100 percent of forfeiture proceeds go to law enforcement.
Michigan
Mich. Comp. Laws § 28.111–.117
Clear and convincing evidence
Law enforcement must file annual forfeiture reports with the State Police, which must compile those reports at the county level and submit them to the state Legislature. Up to 100 percent of forfeiture proceeds go to law enforcement.
Minnesota
Minn. Stat. § 609.5315
A criminal conviction is required for civil forfeiture.
90 percent of forfeiture proceeds go to law enforcement, Law enforcement required to report forfeitures to the state auditor every month, and the auditor must then make annual reports to the state Legislature
Mississippi
Miss. Code Ann. § 41-29-179(2)
A preponderance of the evidence, See HB 812
None seizing agencies must report their forfeitures to the Office of the State Auditor and the secretary of the Justice and Public Safety Cabinet, 80 percent of forfeiture proceeds go to law enforcement (generally)
Missouri
Mo. Rev. Stat. § 513.607
A preponderance of the evidence and a criminal conviction or guilty plea
Agencies are required to report seizures to the prosecuting attorney or attorney general, who must then create annual aggregate reports and submit them to the state auditor. No forfeiture proceeds go to law enforcement. All go to fund schools.
Montana
Mont. Code Ann. § 44-12-207(1)
Criminal conviction required first, then a showing of clear and convincing evidence to forfeit property.
None, up to 100 percent to law enforcement with some exceptions,
Nebraska
Neb. Rev. Stat. § 28-431
Beyond a reasonable doubt, unless the seizure is gambling-related, in which case the government’s burden is a preponderance of the evidence, See LB 106
Agencies to provide detailed reports to the state auditor on assets they seize, 50 percent of forfeiture proceeds go to law enforcement.
Nevada
Nev. Rev. Stat. §§ 179.119, 179.1205
Clear and convincing evidence and a criminal conviction
Agencies must submit annual forfeiture reports to the Attorney General’s Office, and the attorney general must then aggregate those reports. Up to 100 percent of forfeiture proceeds go to law enforcement, with some exceptions.
New Hampshire
N.H. Rev. Stat. Ann. § 318-B:17-f
Criminal conviction as a prerequisite to civil forfeiture proceedings, clear and convincing evidence in civil proceedings, See SB 522
The attorney general must submit aggregate forfeiture reports to the state Legislature. Up to 90 percent of forfeiture proceeds go to law enforcement divided in various ways.
New Jersey
N.J.S.A. 2C:64-1
A preponderance of the evidence
None, up to 100 percent of forfeiture proceeds go to law enforcement.
New Mexico
N.M. Stat. Ann. § 31-27-9
Clear and convincing evidence and a criminal conviction are required to forfeit property, see SB 202
Law enforcement is required to submit annual seizure and forfeiture reports to the Department of Public Safety, which must aggregate the reports. No forfeiture proceeds go to law enforcement. 100 percent goes to the general fund.
New York
N.Y. C.P.L.R. § 1349(4), N.Y. Exec. § 837-a(6)
Most forfeiture actions must be based on a criminal conviction; drug crimes need only establish that a drug crime has occurred by clear and convincing evidence and then connect the property to that crime by a preponderance of the evidence to forfeit it.
Police must make annual forfeiture reports to the Division of Criminal Justice Services, which must provide aggregate annual reports to the Legislature, 60 percent of forfeiture proceeds go to law enforcement.
North Carolina
N.C. Gen. Stat. §§ 75D-5, 90-112
Forfeiture requires criminal conviction, civil forfeiture available in racketeering cases (preponderance of the evidence standard)
None, all forfeiture proceeds must go to public schools.
North Dakota
N.D. Cent. Code § 19-03.1-36.6
Probable cause
No, law enforcement up to 100 percent in most cases
Ohio
Ohio Rev. Code Ann. §§ 2981.03(G),2981.11(B), 2981.13©(3)
A preponderance of the evidence
Agencies must maintain an inventory of seized property. Up to100 percent of forfeiture proceeds go to law enforcement.
Oklahoma
Okla. Stat. tit. 63, § 2-503(G)
A preponderance of the evidence
Agencies must maintain an inventory of seized and forfeited property. Up to 100 percent of forfeiture proceeds go to law enforcement.
Oregon
Or. Rev. Stat. §§ 131A.450, 131A.455(5A criminal00
A criminal conviction is required for all civil forfeitures, a preponderance of the evidence for personal property, clear and convincing evidence for real property.
Agencies are required to report forfeiture information to the forfeiture counsel, which is required to report every seizure, and its final disposition to the Asset Forfeiture Oversight Advisory Committee, up to 62.5 percent of forfeiture proceeds go to law enforcement.
Pennsylvania
42 Pa. Cons. Stat. § 6801(i)–(j)
A preponderance of the evidence
Counties are required to submit annual forfeiture reports to the Attorney General’s Office, which must aggregate the reports and provide them to the Legislature. 100 percent of forfeiture proceeds go to law enforcement.
Rhode Island
R.I. Gen. Laws §§ 7-15-4.1(e), 21-28-5.04(d)
Probable cause
Agencies are required to provide annual forfeiture reports to the state treasurer, and the treasurer and attorney general must submit aggregate annual forfeiture reports to the state Legislature. Up to 90 percent of forfeiture proceeds go to law enforcement.
South Carolina
S.C. Code Ann. §44-53-520–530
Probable cause
Agencies are required to maintain an inventory of seized property and submit those inventories to the appropriate prosecution agency. 95 percent goes to law enforcement agencies.
South Dakota
S.D. Codified Laws § 34-20B-70
A preponderance of the evidence
None, 100 percent of forfeiture proceeds go to law enforcement.
Tennessee
Tenn. Code Ann. § 40-33-211
A preponderance of the evidence
None, law enforcement can keep up to 100 percent of forfeiture proceeds.
Texas
Tex. Code Crim. Proc. Ann. art. 59.06
A preponderance of the evidence
The Office of the Attorney General is required to create annual aggregate forfeiture reports from reports submitted by law enforcement. Up to 70 percent goes to law enforcement.
Utah
Utah Code Ann. § 24-4-118
Clear and convincing evidence
Law enforcement must maintain an inventory of seized property. 100 percent of forfeiture proceeds go to law enforcement.
Vermont
Vt. Stat. Ann. tit. 18, § 4241 et. seq.
Clear and convincing evidence and a criminal conviction
Law enforcement is required to submit reports of drug-related forfeitures to the state treasurer. 45 percent of forfeiture proceeds go to law enforcement.
Virginia
Va. Code Ann. § 19.2-386.4 et. seq.
A preponderance of the evidence
Agencies must report seizures and forfeitures to the Department of Criminal Justice Services. 100 percent of forfeiture proceeds go to law enforcement.
Washington
Wash. Rev. Code Ann. § 69.50.505
A preponderance of the evidence
Seizing agencies are required to file quarterly reports of forfeited property with the state treasurer. 90 percent of forfeiture proceeds go to law enforcement.
West Virginia
W. Va. Code § 60A-7-707
A preponderance of the evidence
Police departments are required to submit annual forfeiture reports to their local budgetary authorities.100 percent goes to law enforcement
Wisconsin
Wis. Stat. § 961.555(3)
The state shall have the burden of satisfying or convincing a reasonable certainty by the greater weight of the credible evidence that the property is subject to forfeiture.
None, no forfeiture proceeds go to law enforcement.
Wyoming
Wyo. Stat. Ann. § 35-7-1049(y)–(z)
A preponderance of the evidence
None, Up to 100 percent of forfeiture proceeds can go to law enforcement.
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