Legislative Goals
Our Results:
Civil Forfeiture Reforms
Today, 16 states require a criminal conviction to forfeit property, while four states have abolished the practice outright. Since 2014, 37 states and Washington, D.C. have enacted reforms.
State Reform Efforts
Click on the State to learn more about Civil Forfeiture Legislation in the state.
Legislative Highlights for Civil Forfeiture
Ended civil forfeiture and only use criminal forfeiture:
Required criminal conviction for civil forfeiture:
Require the government to always bear the burden of proof for innocent-owner claims
Closed the equitable-sharing loophole
Model Legislation
Model Criminal Forfeiture Law
Replacing Civil Forfeiture and Ending Policing for Profit
- Civil forfeiture is a serious assault by government on cars, cash and other property.
- IJ enlisted prosecutors and defense attorneys to draft a model criminal forfeiture process that state legislators and governors can enact in full or in part.
- This model is an important component to ensure that every American and his property are safe from government abuse.
Model Forfeiture Reporting Law
Providing Data to State Legislators to Monitor Forfeiture
- Civil forfeiture is one of the greatest threats to property rights in the nation.
- Forfeitures often supplement police budgets
- State legislators should demand transparency. IJ’s Model Seizure and Forfeiture Reporting Act is the first step.
- It provides legislators with the information necessary to check members of the executive branch who seize and forfeit property.
Model Anti-Circumvention Forfeiture Law
Protecting State Sovereignty from Federal Overreach
- Under civil forfeiture, law enforcement agencies can permanently confiscate your cash, car, or even your home, without convicting, or even charging you with a crime.
- Some states have acted to protect innocent property owners, a loophole exists
- IJ has drafted model anti-circumvention legislation for state legislators to protect property owners from this abusive program
Federal Legislatative Resources
Fifth Amendment Integrity Restoration Act of 2019
DUE PROCESS Act of 2019
- Read the Bill
- IJ’s statement supporting the DUE PROCESS Act
Background Materials
- Infographic about the Federal Forfeiture Process
- Coalition Statement for Forfeiture Reform
- DOJ Policy Change Backgrounder
- Policing for Profit — Federal Government
Congressional Testimony
December 8, 2021
February 11, 2015
House Judiciary Committee Subcommittee on Crime, Terrorism, Homeland Security, and Investigations
Our Goal:
End Civil Forfeiture
The Institute for Justice aims to curtail, and ultimately, abolish civil forfeiture, one of the gravest abuses of power in the country today. IJ has filed more than two dozen cases challenging civil forfeiture nationwide. In 2019, IJ secured a landmark victory at the U.S. Supreme Court when it ruled unanimously in Timbs v. Indiana that the Eight Amendment’s Excessive Fines Clause protects Americans against state and local forfeitures.