March 23, 2025 (10:52 EDT)

Tennessee Bill HB1024: A Risky Shift in Civil Asset Forfeiture Law

On March 20, 2025, House Bill 1024 advanced out of committee and is now moving forward in the Tennessee General Assembly. Sponsored by Rep. Lowell Russell, the bill proposes to raise the legal standard for civil asset forfeiture—a move that, on the surface, may appear to strengthen property rights but in reality threatens to undercut a critical law enforcement tool.

What the Bill Would Do

HB1024 raises the evidentiary threshold for civil asset forfeiture from the current standard of "preponderance of the evidence" to "clear and convincing evidence."

In practice, this would make it more difficult for law enforcement to seize property believed to be connected to drug trafficking or other criminal enterprises. It also imposes a higher standard than any other civil case in Tennessee law.

Why That Matters

Civil asset forfeiture is not a punishment; it is a preventive tool. Law enforcement uses it to disrupt criminal operations by removing access to illicit funds, vehicles, and front businesses that enable drug trafficking, money laundering, and other organized crimes.

Raising the burden of proof could mean that:

• Criminal organizations retain control of their assets for longer periods.

• Law enforcement loses its ability to act swiftly against drug networks.

• Smaller agencies with limited budgets lose a non-taxpayer method of funding operations.

Many departments use forfeited assets to pay for training, equipment, or narcotics enforcement units—resources that would otherwise fall to taxpayers.

What Rep. Russell Says

In a February 22, 2025 conversation, Rep. Russell told me:

"Any changes that I try to make to the Civil Asset Forfeiture will not affect the professional law enforcement agencies that make good cases to dismantle criminal enterprises. It will however protect the average ordinary citizen that unintentionally had their property or money seized due to sloppy police work."

He also said:

"I don’t know if there is support or not for HB1024. I simply haven’t gotten to the point where I have time to have those conversations with legislators, law enforcement and Tennesseans. I am working on other bills first."

When asked for data or specific cases to justify the change, Russell admitted that such information would only be made available if the bill gains traction. This raises an important concern: if no evidence currently exists to justify the bill, why move it forward?

There Is a Better Way: HB1229

While HB1024 raises sweeping legal thresholds, Rep. Russell also supports HB1229, a far more targeted solution. That bill would eliminate the cash bond requirement for filing an appeal in a forfeiture case—a real barrier for innocent individuals who want to challenge a seizure.

This type of reform directly addresses due process concerns without weakening the tools needed to fight organized crime. Rather than burdening law enforcement with a higher standard, HB1229 reduces financial obstacles and encourages fairness in the appeals process.

The Bottom Line

HB1024 may be well-intended, but its impact would be broad, blunt, and dangerous. It would hamper efforts to dismantle drug trafficking operations, harm underfunded police agencies, and shift the advantage toward criminal enterprises.

The true solution lies not in weakening law enforcement, but in reinforcing oversight, judicial review, and access to appeals for citizens. If Tennessee wants to improve its forfeiture laws, HB1229 offers the path forward.

For readers who support effective law enforcement and due process, now is the time to speak up.