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    Fair Act

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    Laney Sommer
    This bill aims to restore integrity to the Fifth Amendment regarding civil asset forfeiture. It would increase the burden of proof required for the government in civil forfeiture proceedings from a preponderance of the evidence to clear and convincing evidence. It also restricts the government's ability to keep forfeited property and assets, instead requiring them to be deposited in the general fund of the U.S. Treasury. The bill's changes would apply to all pending and future civil forfeiture proceedings and assets received from forfeitures on or after its enactment date.

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    Fair Act

    Uploaded by

    Laney Sommer
    31 views4 pages
    This bill aims to restore integrity to the Fifth Amendment regarding civil asset forfeiture. It would increase the burden of proof required for the government in civil forfeiture proceedings from a preponderance of the evidence to clear and convincing evidence. It also restricts the government's ability to keep forfeited property and assets, instead requiring them to be deposited in the general fund of the U.S. Treasury. The bill's changes would apply to all pending and future civil forfeiture proceedings and assets received from forfeitures on or after its enactment date.

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    Fair Act

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    This bill aims to restore integrity to the Fifth Amendment regarding civil asset forfeiture. It would increase the burden of proof required for the government in civil forfeiture proceedings from a preponderance of the evidence to clear and convincing evidence. It also restricts the government's ability to keep forfeited property and assets, instead requiring them to be deposited in the general fund of the U.S. Treasury. The bill's changes would apply to all pending and future civil forfeiture proceedings and assets received from forfeitures on or after its enactment date.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    31 views4 pages

    Fair Act

    Uploaded by

    Laney Sommer
    This bill aims to restore integrity to the Fifth Amendment regarding civil asset forfeiture. It would increase the burden of proof required for the government in civil forfeiture proceedings from a preponderance of the evidence to clear and convincing evidence. It also restricts the government's ability to keep forfeited property and assets, instead requiring them to be deposited in the general fund of the U.S. Treasury. The bill's changes would apply to all pending and future civil forfeiture proceedings and assets received from forfeitures on or after its enactment date.

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    © All Rights Reserved
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    MAS14135 S.L.C.

    113TH CONGRESS
    2D SESSION
    S. ll
    To restore the integrity of the Fifth Amendment to the Constitution of
    the United States, and for other purposes.
    IN THE SENATE OF THE UNITED STATES
    llllllllll
    llllllllll introduced the following bill; which was read twice
    and referred to the Committee on llllllllll
    A BILL
    To restore the integrity of the Fifth Amendment to the
    Constitution of the United States, and for other purposes.
    Be it enacted by the Senate and House of Representa- 1
    tives of the United States of America in Congress assembled, 2
    SECTION 1. SHORT TITLE. 3
    This Act may be cited as the Fifth Amendment In- 4
    tegrity Restoration Act of 2014 or the FAIR Act. 5
    SEC. 2. CIVIL FORFEITURE PROCEEDINGS. 6
    Section 983 of title 18, United States Code, is 7
    amended 8
    (1) in subsection (c) 9
    2
    MAS14135 S.L.C.
    (A) in paragraph (1), by striking a pre- 1
    ponderance of the evidence and inserting 2
    clear and convincing evidence; 3
    (B) in paragraph (2), by striking a pre- 4
    ponderance of the evidence and inserting 5
    clear and convincing evidence; and 6
    (C) by striking paragraph (3) and insert- 7
    ing the following: 8
    (3) if the Governments theory of forfeiture is 9
    that the property used to commit or facilitate the 10
    commission of a criminal offense, or was involved in 11
    the commission of a criminal offense, the Govern- 12
    ment shall establish, by clear and convincing evi- 13
    dence, that 14
    (A) there was a substantial connection 15
    between the property and the offense; and 16
    (B) the owner of any interest in the 17
    seized property 18
    (i) intentionally used the property in 19
    connection with the offense; or 20
    (ii) knowingly consented or was will- 21
    fully blind to the use of the property by 22
    another in connection with the offense.; 23
    and 24
    3
    MAS14135 S.L.C.
    (2) in subsection (d)(2)(A), by striking an 1
    owner who and all that follows through upon 2
    learning and inserting an owner who upon learn- 3
    ing. 4
    SEC. 3. DISPOSITION OF FORFEITED PROPERTY. 5
    (a) REVISIONS TO CONTROLLED SUBSTANCES 6
    ACT.Section 511(e) of the Controlled Substances Act 7
    (21 U.S.C. 881(e)) is amended 8
    (1) in paragraph (1), by striking civilly or; 9
    (2) in paragraph (2)(B), by striking accord- 10
    ance with section 524(c) of title 28, and inserting 11
    the General Fund of the Treasury of the United 12
    States; and 13
    (3) in paragraph (4)(B), by striking civilly 14
    or. 15
    (b) REVISIONS TO TITLE 18.Section 981(e) of title 16
    18, United States Code, is amended 17
    (1) by striking is authorized and all that fol- 18
    lows through or forfeiture of the property; and in- 19
    serting may forward to the Treasurer of the United 20
    States any proceeds of property forfeited pursuant 21
    to this section for deposit in the General Fund of 22
    the Treasury or transfer such property on such 23
    terms and conditions as such officer may deter- 24
    mine; 25
    4
    MAS14135 S.L.C.
    (2) by redesignating paragraphs (3), (4), (5), 1
    (6), and (7) as paragraphs (1), (2), (3), (4), and 2
    (5), respectively; and 3
    (3) in the matter following paragraph (5), as so 4
    redesignated 5
    (A) by striking the first, second, and third 6
    sentences; and 7
    (B) by striking paragraphs (3), (4), and 8
    (5) and inserting paragraphs (1), (2), and 9
    (3). 10
    SEC. 4. DEPARTMENT OF JUSTICE ASSETS FORFEITURE 11
    FUND DEPOSITS. 12
    Section 524(c)(4) of title 28, United States Code, is 13
    amended 14
    (1) by striking subparagraphs (A) and (B); and 15
    (2) by redesignating subparagraphs (C) and 16
    (D) as subparagraphs (A) and (B), respectively. 17
    SEC. 5. APPLICABILITY. 18
    The amendments made by this Act shall apply to 19
    (1) any civil forfeiture proceeding pending on or 20
    filed on or after the date of enactment of this Act; 21
    and 22
    (2) any amounts received from the forfeiture of 23
    property on or after the date of enactment of this 24
    Act. 25

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