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HB1229 • 2026

Forfeiture of Assets

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

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Lafferty, Lowe
Last action
2025-05-13
Official status
Comp. became Pub. Ch. 319
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details about how the changes will affect the ease with which claims can be made or challenges can be raised, beyond removing the bond requirement.

Forfeiture of Assets Act

This law changes how people can claim seized property without having to pay a bond for seizures occurring on or after July 1, 2025.

What This Bill Does

  • Removes the requirement for someone who wants their seized property back to post a $350 bond when filing a claim for seizures occurring on or after July 1, 2025.
  • Allows an indigent person (someone unable to afford legal fees) to file a claim without paying any money by submitting a special form called an affidavit.
  • Changes how secured parties with a valid interest in the seized property can protect their rights without posting a bond after July 1, 2025.

Who It Names or Affects

  • People who have had property seized by authorities under forfeiture laws for seizures occurring on or after July 1, 2025.
  • Secured parties with valid interests in seized property for seizures occurring on or after July 1, 2025.
  • Indigent individuals who cannot afford legal fees when trying to reclaim seized property.

Terms To Know

Forfeiture
A process where the government takes possession of property that is suspected to be involved in illegal activities or obtained illegally.
Secured party
An individual or business with a legal interest in seized property, such as a bank holding a mortgage on a house.

Limits and Unknowns

  • The changes only apply to seizures that occur on or after July 1, 2025.
  • It does not affect the process for seizing property but rather how claims are handled once property is seized.
  • The law's impact on state revenue and enforcement agencies is uncertain.

Bill History

  1. 2025-05-13 Tennessee General Assembly

    Comp. became Pub. Ch. 319

  2. 2025-05-13 Tennessee General Assembly

    Effective date(s) 07/01/2025

  3. 2025-05-13 Tennessee General Assembly

    Pub. Ch. 319

  4. 2025-05-02 Tennessee General Assembly

    Signed by Governor.

  5. 2025-04-22 Tennessee General Assembly

    Transmitted to Governor for action.

  6. 2025-04-21 Tennessee General Assembly

    Signed by H. Speaker

  7. 2025-04-21 Tennessee General Assembly

    Signed by Senate Speaker

  8. 2025-04-17 Tennessee General Assembly

    Enrolled and ready for signatures

  9. 2025-04-15 Tennessee General Assembly

    Comp. SB subst.

  10. 2025-04-15 Tennessee General Assembly

    Sponsor(s) Added.

  11. 2025-04-15 Tennessee General Assembly

    Passed H., Ayes 95, Nays 0, PNV 0

  12. 2025-04-15 Tennessee General Assembly

    Subst. for comp. HB.

  13. 2025-04-14 Tennessee General Assembly

    Sponsor(s) Added.

  14. 2025-04-14 Tennessee General Assembly

    Engrossed; ready for transmission to House

  15. 2025-04-14 Tennessee General Assembly

    Passed Senate, Ayes 32, Nays 0

  16. 2025-04-11 Tennessee General Assembly

    Placed on Senate Consent Calendar 2 for 4/14/2025

  17. 2025-04-10 Tennessee General Assembly

    H. Placed on Regular Calendar for 4/14/2025

  18. 2025-04-09 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 4/10/2025

  19. 2025-04-08 Tennessee General Assembly

    Rec. for pass; ref to Calendar & Rules Committee

  20. 2025-04-08 Tennessee General Assembly

    Recommended for passage, refer to Senate Calendar Committee

  21. 2025-04-02 Tennessee General Assembly

    Placed on cal. Finance, Ways, and Means Committee for 4/8/2025

  22. 2025-04-02 Tennessee General Assembly

    Rec. for pass by s/c ref. to Finance, Ways, and Means Committee

  23. 2025-04-01 Tennessee General Assembly

    Placed on Senate Finance, Ways, and Means Committee calendar for 4/8/2025

  24. 2025-04-01 Tennessee General Assembly

    Sponsor(s) Added.

  25. 2025-03-26 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/2/2025

  26. 2025-03-19 Tennessee General Assembly

    Sponsor(s) Added.

  27. 2025-03-19 Tennessee General Assembly

    Placed behind the budget

  28. 2025-03-18 Tennessee General Assembly

    Recommended for passage, refer to Senate Finance, Ways, and Means Committee

  29. 2025-03-17 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/18/2025

  30. 2025-03-14 Tennessee General Assembly

    Sponsor change.

  31. 2025-03-13 Tennessee General Assembly

    Sponsor(s) Added.

  32. 2025-03-12 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 3/19/2025

  33. 2025-03-12 Tennessee General Assembly

    Action Def. in s/c Finance, Ways, and Means Subcommittee to 3/19/2025

  34. 2025-03-12 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/18/2025

  35. 2025-03-05 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 3/12/2025

  36. 2025-03-05 Tennessee General Assembly

    Assigned to s/c Finance, Ways, and Means Subcommittee

  37. 2025-03-05 Tennessee General Assembly

    Rec. for pass; ref to Finance, Ways, and Means Committee

  38. 2025-02-26 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/5/2025

  39. 2025-02-26 Tennessee General Assembly

    Rec. for pass by s/c ref. to Judiciary Committee

  40. 2025-02-25 Tennessee General Assembly

    Sponsor(s) Added.

  41. 2025-02-19 Tennessee General Assembly

    Placed on s/c cal Criminal Justice Subcommittee for 2/26/2025

  42. 2025-02-12 Tennessee General Assembly

    Assigned to s/c Criminal Justice Subcommittee

  43. 2025-02-12 Tennessee General Assembly

    P2C, ref. to Judiciary Committee

  44. 2025-02-12 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  45. 2025-02-10 Tennessee General Assembly

    Intro., P1C.

  46. 2025-02-10 Tennessee General Assembly

    Introduced, Passed on First Consideration

  47. 2025-02-06 Tennessee General Assembly

    Filed for introduction

  48. 2025-01-29 Tennessee General Assembly

    Filed for introduction

Official Summary Text

NOTICE

Upon issuance of
a
forfeiture warrant,
present law requires
the judge
to
retain the affidavit relied upon in support of the warrant and the officer
to
, within seven working days, send the warrant, a copy of the affidavit and the notice of seizure to the applicable agency.

By signing and issuing the forfeiture warrant, the judg
e is affirming that the required finding of probable cause necessary to issue the warrant has been made.

Upon receipt of the documents, the applicable agency
must
notify any other owner, as may be determined from public records of titles, registrations or
other recorded documents, or secured party that a forfeiture warrant has been issued.

Upon receipt of the notice of seizure and forfeiture warrant and after interviewing any witnesses, the applicable agency
must
release the property if there is no legal
and factual basis for forfeiture.

The seizing agency
must
maintain a copy of the notice of seizure for all property seized at its main office and the notices and receipts shall be public records.

SECURITY INTERESTS

If a secured party with a duly perfec
ted security interest receives notification
as described above
that a forfeiture warrant has been issued with regard to the secured property,
then present law requires
the secured party
to
submit proof of the security interest to the applicable agency with
in 30 days of receipt of the notification in order for
the provisions in this heading to apply
.

A secured party with a duly perfected interest or any successor in interest to the secured party who does not receive notice of intent to forfeit the interest,
need not file a claim to preserve any right the party may have to the property.

Upon receiving proof of a security interest, no cost bond or other pleadings need be filed by the secured party or successor in interest in order to protect its interest in t
he seized property or to assert a claim to the property as
described below
.
For
seizures occurring on or after
July 1, 2025, this bill removes that no cost bond needs to be so filed.

CLAIMS

Present law authorizes a
person asserting a claim to property
seized, and described on the notice of seizure,
to
within 30

days of being notified by the applicable agency that a forfeiture warrant has issued, file with the agency a written claim requesting a hearing and stating the person's interest in the seized pro
perty for which a claim is made.

Except as provided in
the Security Interests heading above
,
present law requires,
with the claim
,
the claimant
to
also file a cash bond or attorney or corporate surety bond in the sum of
$
350, the bond being made payable
to the state of Tennessee
. However, a
n indigent person may file a claim in forma pauperis by filing with

the claim an affidavit stating that the person is unable to bear the cost of the proceeding.
For
seizures occurring on or after
July 1, 2025, this bi
ll removes these requirements.

Current Bill Text

Read the full stored bill text 
SENATE BILL 481
By Bowling

HOUSE BILL 1229
By Lafferty

HB1229
001591
- 1 -

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-33-206, is amended by deleting
subsection (b).
SECTION 2. Tennessee Code Annotated, Section 40-33-205(a), is amended by
deleting the language "cost bond or".
SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it, and
applies to seizures occurring on or after that date.