In 2014, IJ launched its End Forfeiture initiative, an effort focused on radically reforming—or altogether ending—civil forfeiture laws throughout the country. Through this initiative, IJ fights against civil forfeiture in statehouses, courts of law and courts of public opinion.
Today, three states—Montana (2015), New Mexico (2015), and Maine (2021)—have abolished civil forfeiture entirely and only use criminal law to forfeit property. A fourth, North Carolina (1985), banned civil forfeiture except in racketeering cases.
State Reforms for Civil Forfeiture Laws
Since 2014, 39 states and the District of Columbia have reformed their civil forfeiture laws:
States that Require the Government to Bear the Burden of Proof
Nineteen states and the District of Columbia always require the government to bear the burden of proof for innocent-owner claims:
States with Reporting Requirements
Forty-three states and the District of Columbia have reporting requirements for seizure and/or forfeiture activity:
However, some reporting requirements are better than others. Read IJ’s Forfeiture & Transparency Accountability report here: https://ij.org/report/forfeiture-transparency-accountability/
States with Limits on Equitable Sharing
Eleven states and the District of Columbia have tried to curb equitable sharing through legislative reforms in one or more of the following ways: establishing a minimum threshold for either transferring funds to the federal government or receiving equitable sharing funds; requiring a criminal charge or conviction; banning adoptions; or sending equitable sharing proceeds to the general fund.