H.R.3347 - Asset Forfeiture Justice Act103rd Congress (1993-1994)
|Sponsor:||Rep. Conyers, John, Jr. [D-MI-14] (Introduced 10/22/1993)|
|Committees:||House - Energy and Commerce; Judiciary; Ways and Means|
|Latest Action:||House - 12/03/1993 Referred to the Subcommittee on Health and the Environment. (All Actions)|
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Summary: H.R.3347 — 103rd Congress (1993-1994)All Information (Except Text)
Introduced in House (10/22/1993)
Asset Forfeiture Justice Act - Amends the Tariff Act of 1930 (the Act) and the Federal criminal code to mandate that forfeiture proceedings be conducted only upon the conviction of the property owner for the relevant crime.
(Sec. 4) Amends the Act to shift, in all forfeiture or recovery proceedings, to the Federal Government the burden of proof to establish by clear and convincing evidence that certain property (including vessels, aircraft, and vehicles) was subject to forfeiture.
(Sec. 5) Amends the Controlled Substances Act, Federal criminal law, and the Act to modify the procedural guidelines and provide for a preliminary hearing for certain property subject to civil forfeiture.
(Sec. 6) Amends the Act in connection with claims for seized property to: (1) eliminate the requirement for posting bond; and (2) provide for court-appointed counsel for claimants financially unable to obtain representation; and (3) provide the right to a jury trial.
(Sec. 8) Amends Federal criminal law and the Controlled Substances Act to shield from liability to seizure any property which has been paid or pledged as bona fide attorney's fees.
(Sec. 9) Amends Federal criminal law to authorize in personam proceedings, only upon conviction of violations, against the owner of certain seized vessels.
(Sec. 11) Amends the Controlled Substances Act with respect to civil and criminal forfeitures to prohibit the value of the forfeited property from exceeding the pecuniary gain derived from the offense.
(Sec. 12) Amends Federal criminal law and the Controlled Substances Act to repeal the relation-back doctrine with respect to any forfeited property subsequently transferred to other persons.
(Sec. 13) Amends the Controlled Substances Act to revise the list of kinds of property subject to seizure.
(Sec. 14) Amends the Act, Federal criminal law, and the Controlled Substances Act to specify that any forfeiture proceeds transferred to a State or local law enforcement agency that participated directly in the seizure proceedings be disposed of according to State law.
(Sec. 15) Amends the Judicial Code to: (1) make the Department of Justice Assets Forfeiture Fund (the Fund) available to certain community-based crime control and drug programs; and (2) give priority to the communities in which the assets were seized.
(Sec. 16) Amends certain Federal laws to revise the limit on amounts paid to informants to allow more than $250,000 in any case, but no more than that in any year.
(Sec. 17) Amends the Controlled Substances Act and Federal monetary law to direct the Attorney General to assure that forfeited property transferred to a State or local law enforcement agency is not so transferred to a circumvent any requirement of State law that prohibits forfeiture or limits use or disposal of property forfeited to State or local agencies.
(Sec. 18) Amends the Act to direct the Secretary of the Treasury to maintain individual records concerning certain forfeited property.
(Sec. 19) Amends the judicial code to: (1) require payment of interest on certain seized property upon entry of judgment for the claimant; and (2) limit the amounts available from the Fund for certain administrative and contracting expenses.
(Sec. 22) Amends the Controlled Substances Act to require the Attorney General to offer civilly or criminally forfeited real property of low value located in a metropolitan statistical area for sale, for nominal consideration, to tax-exempt organizations that provide direct services furthering community-based crime control, housing, or educational efforts in such area.
(Sec. 23) Amends the judicial code to provide for Federal tort claims proceedings with respect to damage or loss to property while in the possession of a law enforcement officer because of negligence, misfeasance, malfeasance, or nonfeasance.