H-1535.1
SUBSTITUTE HOUSE BILL 1440
State of Washington
69th Legislature
2025 Regular Session
By House Civil Rights & Judiciary (originally sponsored by Representatives Goodman, Hackney, Peterson, and Ormsby)
READ FIRST TIME 02/20/25.
AN ACT Relating to seizure and forfeiture procedures and reporting; amending RCW 9.68A.120 , 9A.88.150 , 9A.83.030 , 10.105.010 , 19.290.230 , 46.61.5058 , 70.74.400 , 77.15.070 , and 38.42.020 ; reenacting and amending RCW 69.50.505 ; adding a new chapter to Title 7 RCW; creating a new section; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. This chapter provides standard procedures governing civil asset forfeiture and is applicable to laws of this state that authorize civil forfeiture of property and that indicate the provisions of this chapter apply.
NEW SECTION. Sec. 2. (1)(a) Except with respect to contraband items, which shall be seized and summarily forfeited, proceedings for forfeiture are deemed commenced by the seizure. The agency under whose authority the seizure was made shall cause notice to be served within 15 days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, including any community property interest, of the seizure and intended forfeiture of the seized property. Service of notice of seizure must be made according to the rules of civil procedure, except that service by mail shall be by certified mail, return receipt requested. However, a default judgment with respect to real property may not be obtained against a party who is served by substituted service absent an affidavit stating that a good faith effort has been made to ascertain if the defaulted party is incarcerated within the state, and that there is no present basis to believe that the party is incarcerated within the state. Notice of seizure in the case of property subject to a security interest that has been perfected by filing a financing statement in accordance with chapter 62A.9A RCW, or a certificate of title, must be made by service upon the secured party or the secured party's assignee at the address shown on the financing statement or the certificate of title.