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HB1024 • 2026

Forfeiture of Assets

AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 33, relative to civil forfeiture.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Russell, Bowling
Last action
2025-04-01
Official status
Taken off notice for cal in s/c Criminal Justice Subcommittee of Judiciary Committee
Effective date
Not listed

Plain English Breakdown

The exact financial impact of fewer forfeitures cannot be quantified.

Changing Proof Requirements for Asset Forfeiture

This bill changes the burden of proof required by the state in civil asset forfeiture proceedings from a preponderance of evidence standard to a clear and convincing evidence standard.

What This Bill Does

  • Changes the amount of evidence needed by the state from 'preponderance of evidence' to 'clear and convincing evidence'.
  • Applies this new standard for both initial forfeiture decisions and judicial reviews.

Who It Names or Affects

  • People whose property might be taken by the state due to suspected illegal activity.
  • Law enforcement agencies in Tennessee.
  • Courts reviewing forfeiture decisions.

Terms To Know

preponderance of evidence
The amount of proof needed to show that something is more likely true than not true.
clear and convincing evidence
A higher level of proof, showing that it is highly probable or reasonably certain that something is true.

Limits and Unknowns

  • The bill does not specify how much money law enforcement agencies will lose from fewer forfeitures.
  • It's unclear exactly which properties and cases this change will affect after July 1, 2025.

Bill History

  1. 2025-04-01 Tennessee General Assembly

    Taken off notice for cal in s/c Criminal Justice Subcommittee of Judiciary Committee

  2. 2025-04-01 Tennessee General Assembly

    Assigned to General Subcommittee of Senate Judiciary Committee

  3. 2025-03-31 Tennessee General Assembly

    Sponsor(s) Added.

  4. 2025-03-31 Tennessee General Assembly

    Sponsor(s) withdrawn.

  5. 2025-03-31 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 4/1/2025

  6. 2025-03-31 Tennessee General Assembly

    Action deferred in Senate Judiciary Committee to 4/1/2025

  7. 2025-03-26 Tennessee General Assembly

    Placed on s/c cal Criminal Justice Subcommittee for 4/2/2025

  8. 2025-03-26 Tennessee General Assembly

    Action Def. in s/c Criminal Justice Subcommittee to 4/2/2025

  9. 2025-03-26 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/31/2025

  10. 2025-03-25 Tennessee General Assembly

    Sponsor(s) Added.

  11. 2025-03-25 Tennessee General Assembly

    Action deferred in Senate Judiciary Committee to 4/1/2025

  12. 2025-03-24 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/25/2025

  13. 2025-03-20 Tennessee General Assembly

    Sponsor(s) Added.

  14. 2025-03-19 Tennessee General Assembly

    Placed on s/c cal Criminal Justice Subcommittee for 3/26/2025

  15. 2025-03-19 Tennessee General Assembly

    Sponsor(s) Added.

  16. 2025-03-19 Tennessee General Assembly

    Action Def. in s/c Criminal Justice Subcommittee to 3/26/2025

  17. 2025-03-19 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/24/2025

  18. 2025-03-13 Tennessee General Assembly

    Sponsor(s) Added.

  19. 2025-03-12 Tennessee General Assembly

    Placed on s/c cal Criminal Justice Subcommittee for 3/19/2025

  20. 2025-03-06 Tennessee General Assembly

    Sponsor(s) Added.

  21. 2025-02-26 Tennessee General Assembly

    Sponsor(s) Added.

  22. 2025-02-12 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  23. 2025-02-11 Tennessee General Assembly

    Assigned to s/c Criminal Justice Subcommittee

  24. 2025-02-10 Tennessee General Assembly

    P2C, ref. to Judiciary Committee

  25. 2025-02-10 Tennessee General Assembly

    Introduced, Passed on First Consideration

  26. 2025-02-06 Tennessee General Assembly

    Intro., P1C.

  27. 2025-02-05 Tennessee General Assembly

    Filed for introduction

  28. 2025-01-29 Tennessee General Assembly

    Filed for introduction

Official Summary Text

The present l
aw relative to forfeiture provides that in order to forfeit any property or any person's interest in the property pursuant to certain provisions in present law, the state must have the burden to prove by a preponderance of evidence that (i) the seized
prop
erty was of a nature making its possession illegal or was used in a manner making it subject to forfeiture under
present law, and (ii) the owner or co-owner of the property
knew that the property was of a nature making its possession illegal or was being u
sed in a manner making it subject to forfeiture, or, in the case of a secured party, that
certain
standards set out in
present law are met. This bill revises the state's burden of proof from a "preponderance of evidence" to "clear and convincing evidence".

Present law authorizes the party aggrieved by a forfeiture decision of the applicable agency to seek judicial review of the decision by filing a written notice of review. The reviewing court must use the preponderance of evidence standard in determini
ng whether to sustain or reverse the final order of the applicable agency. This bill revises the evidentiary standard from a "preponderance of evidence" to "clear and convincing evidence".

Current Bill Text

Read the full stored bill text 
SENATE BILL 493
By Bowling

HOUSE BILL 1024
By Russell

HB1024
001700
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 40,
Chapter 33, relative to civil forfeiture.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-33-210(a), is amended by
deleting "a preponderance of evidence" and substituting "clear and convincing evidence".
SECTION 2. Tennessee Code Annotated, Section 40-33-213(a), is amended by
deleting "preponderance of evidence" and substituting "clear and convincing evidence".
SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it, and
applies to seizures occurring on or after that date.