SB0493In Committee

Amends TCA Title 40, Chapter 33.

Tennessee SB0493 amends the burden of proof required for property forfeiture cases by changing the standard from "preponderance of evidence" to "clear and convincing evidence" for both the state’s proof of forfeiture and the judicial review process. This change affects individuals whose property is subject to forfeiture under current law, as it raises the threshold that the state must meet to justify the forfeiture. Key provisions include the revised evidentiary standard for proving the legality of possession and use of seized property.

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Overview

Tennessee SB0493 amends the burden of proof required for property forfeiture cases by changing the standard from "preponderance of evidence" to "clear and convincing evidence" for both the state’s proof of forfeiture and the judicial review process. This change affects individuals whose property is subject to forfeiture under current law, as it raises the threshold that the state must meet to justify the forfeiture. Key provisions include the revised evidentiary standard for proving the legality of possession and use of seized property.

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Sponsor

Bowling, Janice

Details
Session

114th General Assembly

Introduced

January 29, 2025

Last Action

April 1, 2025

Assigned to General Subcommittee of Senate Judiciary Committee

Subjects
Forfeiture of AssetsTennessee Bureau of InvestigationSafety, Dept. ofDistrict Attorneys

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