Legislative Reforms

Legislative Goals

Eliminate the Profit Incentive

More than 40 states and the federal government allow law enforcement agencies to keep and use part or all of the civil forfeiture proceeds they take in, creating an incentive to seize and forfeit as much property as possible. But police and prosecutors should be pursuing justice, not profit. Both the state and federal governments should amend their civil forfeiture statutes to require that all civil forfeiture proceeds be deposited either into the state’s general treasury or into an account dedicated to education or compensating crime victims.

See which states have eliminated the Profit Incentive

Establish Burden of Proof

One of the most frightening aspects of civil forfeiture is that it allows police and prosecutors to take and keep people’s property without ever convicting them of—or even charging them with—a crime. And to keep their property, owners in many states have to prove a negative—namely, that the property was not connected to a crime. This harsh procedural rule causes many innocent owners to give up not because they did anything wrong, but because proving their innocence is too hard. Only 15 states require the government to bear the burden of proof for innocent-owner claims.

see which states have established burden of proof

Close the Equitable Sharing loophole

Some states have enacted civil forfeiture reforms that, for instance, block law enforcement agencies from keeping forfeited property for their own use. But by using a tool called “equitable sharing,” police and prosecutors circumvent those reforms by handing over forfeiture cases to the federal government, which in turn lets police and prosecutors keep up to 80 percent of whatever it forfeits. To prevent these end runs, 8 states and the District of Columbia have passed anti-circumvention legislation to close the equitable-sharing loophole. And to ensure that the federal government respects the states’ wishes, federal law should require the government to distribute equitable sharing proceeds in the same manner as required by state law.

see which states have closed the loophole

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. 

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State Reform Efforts

Click on the State to learn more about Civil Forfeiture Legislation in the state.

Reform Passed Reform Pending

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.
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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.
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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
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Federal Legislatative Resources

Fifth Amendment Integrity Restoration Act

2023
2021
2019

DUE PROCESS Act of 2019

Background Materials

Congressional Testimony

June 6, 2023

kirby west

House Judiciary Committee, Subcommittee on the Constitution and Limited Government

December 8, 2021

Dan Alban

House Committee on Oversight and Reform Civil Rights and Civil Liberties Subcommittee

May 24, 2016

Robert Everett Johnson

House Ways and Means Committee Subcommittee on Oversight

May 24, 2016

Randy Sowers

House Ways and Means Committee Subcommittee on Oversight

April 15, 2015

Darpana Sheth

Senate Judiciary Committee

April 15, 2015

Russ Caswell

Senate Judiciary Committee

February 11, 2015

Robert Everett Johnson

House Ways and Means Committee Subcommittee on Oversight

February 11, 2015

Jeff Hirsch

House Ways and Means Committee Subcommittee on Oversight

February 11, 2015

Darpana Sheth

House Judiciary Committee Subcommittee on Crime, Terrorism, Homeland Security, and Investigations

Our Goal:

End Civil Forfeiture

We are the Institute for Justice, a non-profit civil liberties law firm that defends private property rights across the country.

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. 

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