Changes Being Proposed To Tennessee’s Civil Asset Forfeiture Law, Standard Of Evidence Under Consideration

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The Tennessee Conservative [By David Seal] –

The Institute for Justice (IJ) characterizes Tennessee’s civil asset forfeiture (CAF) laws as weak in terms of protecting innocent property owners, assigning a grade of D- as a benchmark score to the property forfeiture process in Tennessee. 

According to many property rights activists, Tennessee has some of the most appalling civil asset forfeiture statutes in the nation.

To see IJ’s analysis of Tennessee’s forfeiture laws, a link is provided here. 

Under Civil Asset Forfeiture, property and cash can be seized by the government, usually by law enforcement agencies, on SUSPICION alone.

The process stated in oversimplified terms goes as follows. Property is seized, that is taken from the owner or persons that may be in possession of the property, under the SUSPICION that the property has been used in the commission of a crime, namely unlawful narcotics activity. 

From the year 2000 to 2019, the value of civil forfeitures in Tennessee was reported to be $146,862,776.00 (Source, Institute for Justice)

The person, or persons, from which the property or cash is seized may or may not ever be charged with a crime. Tennessee does not track the number, or percentage, of criminal convictions that are associated with seized property.

Previous legislative efforts to create reporting requirements on criminal convictions, relative to seizures, have been met with fierce opposition from various state and local government agencies that directly benefit from property forfeitures.

The first and only stop in the criminal court system for seized property is a proceeding called a Forfeiture Warrant Hearing that occurs in sessions court in the county where the property is seized. In that hearing, the judge makes a determination if it is more likely than not that the seized property was used as an instrument of a crime. The judge’s decision is based on the lowest standard of evidence, preponderance.

If a forfeiture warrant is issued by the sessions judge, based on the preponderance standard, the property falls into a virtual administrative trap, unlikely to ever be reunited with its owner.

With the median value of seized property at $675.00, and the legal cost of fighting civil forfeiture at or above $3000.00 per occurrence, property owners usually voluntarily forfeit their cash or property because the procedural fight in administrative court is cost prohibitive. 

House Bill 1024 / Senate Bill 493 aims to increase the standard of evidence from preponderance of evidence to clear and convincing evidence. Changing this standard will make it less likely that seized property will enter the administrative state where the owner has the burden of proving that his property was not the instrument of a crime.

The House Criminal Justice Subcommittee is scheduled to consider the bill on March 26, 2025.

HB1024 Summary: As introduced, increases the burden of proof required to be met by the state in civil asset forfeiture proceedings from a preponderance of evidence standard to a clear and convincing evidence standard. – Amends TCA Title 40, Chapter 33.

Rep.clay.doggett@capitol.tn.gov, rep.fred.atchley@capitol.tn.gov, rep.andrew.farmer@capitol.tn.gov, rep.william.lamberth@capitol.tn.gov, rep.mary.littleton@capitol.tn.gov, rep.jason.powell@capitol.tn.gov, rep.lowell.russell@capitol.tn.gov, rep.gabby.salinas@capitol.tn.gov, rep.rick.scarbrough@capitol.tn.gov

About the Author: David Seal is a retired Jefferson County educator, recognized artist, local businessman, 917 Society Volunteer, and past Chairman of the Jefferson County Republican Party. He has also served Jefferson County as a County Commissioner and is a citizen lobbyist for the people on issues such as eminent domain, property rights, education, and broadband accessibility on the state level. David is also a 2024 winner of The Tennessee Conservative Flame Award & has received an accolade from the Institute For Justice for successfully lobbing the TN legislature to protect property rights. David can be reached at david@tennesseeconservativenews.com.