Section 1: Bill
This Act shall be known as the “Civil Asset Forfeiture Reform Act of 2026.”
Section 2: Findings and Purpose
(a) Findings:
- Current civil asset forfeiture practices allow law enforcement to seize property allegedly involved in a crime without requiring a criminal charge or conviction.
- This practice places an undue burden on property owners to prove their innocence in order to reclaim their property.
- Reform is necessary to align asset forfeiture practices with principles of justice and due process.
- Under current practices, law enforcement does not need probable cause to seize assets, leading to potential misuse and unfair treatment of property owners.
(b) Purpose:
The purpose of this Act is to prohibit civil asset forfeiture without due process and to establish legal standards for the seizure of property by law enforcement.
Section 3: Prohibition of Civil Asset Forfeiture Without Due Process
(a) It shall be unlawful for any law enforcement agency to seize or retain any property alleged to be involved in a crime without:
- Reasonable suspicion that a crime has occurred or is occurring.
- Formal charges being filed against the property owner.
(b) All seizures must comply with the following criteria:
- Law enforcement must obtain a court order based on probable cause before seizing property.
- The property owner must be provided with a notice of the seizure and the right to a prompt hearing of Due Process.
Section 4: Due Process Requirements
(a) The government must provide clear and convincing evidence of the property’s connection to criminal activity in order to retain seized property.
(b) If the property owner is cleared of all charges, the government must return all seized assets within 30 days of the resolution of the case.
Section 5: Compensation for Unlawful Seizures
(a) Any individual whose assets have been forfeited without due process, or without being accused, prosecuted, or convicted of any crimes, shall be entitled to compensation.
(b) Such individuals are entitled to a return of their assets and compensation for any damages incurred as a result of the unlawful seizure.
Section 6: Legal Recourse for Property Owners
(a) Property owners shall be entitled to recover reasonable legal costs incurred in contesting asset forfeiture if they prevail in reclaiming their property.
(b) The burden of proof in asset forfeiture cases shall rest with the government to prove the legality of the seizure, rather than the property owner.
Section 7: Effective Date
This Act shall take effect beginning January 1, 2026.
Section 8: Severability
If any provision of this Act, or the application thereof, is found to be invalid, the remainder of this Act shall continue in effect.
Section 9: Repeal of Conflicting Laws
All laws or parts of laws in conflict with this Act are hereby repealed.