H.R.1795 - DUE PROCESS Act of 2017115th Congress (2017-2018)
|Sponsor:||Rep. Sensenbrenner, F. James, Jr. [R-WI-5] (Introduced 03/29/2017)|
|Committees:||House - Judiciary; Financial Services; Energy and Commerce|
|Latest Action:||House - 04/24/2017 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. (All Actions)|
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Summary: H.R.1795 — 115th Congress (2017-2018)All Information (Except Text)
Introduced in House (03/29/2017)
DUE PROCESS Act of 2017 or the Deterring Undue Enforcement by Protecting Rights Of Citizens from Excessive Searches and Seizures Act of 2017
This bill amends the federal criminal code to revise provisions related to federal civil forfeiture cases. Specifically, the bill:
- raises the evidentiary standard in such cases from preponderance of the evidence to clear and convincing evidence;
- with respect to property owners who are indigent, provides for the appointment of counsel;
- provides for recovery of attorney's fees with respect to settled claims in which the claimant prevails;
- adds notice requirements; and
- expedites and otherwise modifies certain procedures.
The Department of Justice (DOJ) must: (1) annually audit federal civil forfeiture cases, and (2) establish a publicly available database with respect to seizures in such cases.
Finally, the bill amends the federal judicial code to authorize DOJ to use amounts from the DOJ Assets Forfeiture Fund to pay for costs associated with a seized animal, including transportation, shelter, care, veterinary services, and humane euthanasia.