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SB 481

Forfeiture of Assets - As enacted, removes the requirement for a claimant to post a bond when filing a claim to seized property. - Amends TCA Title 40, Chapter 33.

114th Regular Session (2025-2026) Introduced by Adam Lowe

Tennessee law removes the bond requirement for property owners filing claims to recover assets seized through civil forfeiture, lowering barriers to legal challenge.

Pub. Ch. 319
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Bill Summary · SB 481

Legislative bill overview

SB 481 removes the requirement for individuals to post a bond (financial guarantee) when filing a claim to recover property seized by law enforcement through civil asset forfeiture proceedings. This amendment to Tennessee's forfeiture statute reduces a financial barrier that previously existed for claimants seeking to challenge property seizures.

Why is this important

Civil asset forfeiture allows law enforcement to seize property suspected of involvement in criminal activity, sometimes without criminal conviction. The bond requirement functioned as a gatekeeping mechanism that could prevent lower-income individuals from challenging seizures, effectively making property recovery financially inaccessible regardless of legal merit. Removing this barrier increases practical access to the civil justice system for property owners.

Potential points of contention

  • Law enforcement perspective: Removing bond requirements may increase the number of frivolous claims that require law enforcement resources to defend, potentially straining agency budgets and personnel
  • Due process debate: Supporters argue bonds create unconstitutional barriers to legal remedy; opponents may contend bonds serve legitimate purposes in filtering non-credible claims
  • Implementation costs: Courts and law enforcement agencies must process more claims without the filtering mechanism, raising administrative expenses that must be absorbed somewhere in the justice system

Compiled from official sources — confirm details with the bill’s official record.

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