118th Congress Crime and Law Enforcement
H.R. 1525: FAIR Act of 2023
Introduced
- Introduced (completed)
- Passed House (not reached)
- Passed Senate (not reached)
- To the President (not reached)
- Became law (not reached)
Summary
This bill revises federal laws governing civil asset forfeiture.
Specifically, the bill makes various changes to the general rules governing civil forfeiture proceedings. Among the changes, the bill
- requires counsel for an indigent property owner whose primary residence is the subject of a civil forfeiture hearing regardless of whether the owner requests counsel,
- raises the evidentiary standard from preponderance of the evidence to clear and convincing evidence, and
- sets forth factors courts must consider in determining whether a forfeiture of property used to facilitate the commission of an offense is excessive.
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Additionally, the bill eliminates statutory authority for equitable sharing and directs forfeiture proceeds to be deposited into the general fund of the Treasury instead of the Department of Justice (DOJ) Assets Forfeiture Fund.
The bill also makes changes with respect to the civil forfeiture of money involved in structuring offenses (i.e., structuring currency transactions to evade currency reporting requirements). Among the changes, the bill
- specifies an evidentiary standard of knowingly for structuring offenses, and
- requires a prompt probable cause hearing following the seizure of money involved in a structuring offense.
Finally, the bill requires the annual report on deposits into the DOJ Asset Forfeiture Fund to specify deposits from each type of forfeiture and specify which funds were obtained from criminal forfeitures and which were obtained from civil forfeitures.
Written by the Congressional Research Service, Library of Congress.
Roll calls
No roll call votes have been held on this bill.
Amendments
No amendments were offered to this bill.
Cosponsors
- Kelly Armstrong R-NDOriginal
- Tony Cárdenas D-CAOriginal
- Tom McClintock R-CAOriginal
- Joe Neguse D-COOriginal
- Jamie Raskin D-MDOriginal
- Steve Cohen D-TN
- Eleanor Norton D-DC
- Mary Scanlon D-PA
- Nancy Mace R-SC
- Andrew Clyde R-GA
- Gary Palmer R-AL
- Ben Cline R-VA
- Russell Fry R-SC
- Henry Johnson D-GA
- Warren Davidson R-OH
- Sheila Jackson Lee D-TX
- Paul Gosar R-AZ
- Adam Schiff D-CA
Who scored on this bill
- 1Tim Walberg SponsorDrew cross-party cosponsors, introduced2 events+6
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Introductions and cosponsorships count toward weekly caps and show no points.
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History
- Introduced in the House by Tim Walberg.
Show the full action history (5 actions)
- Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 26 - 0.
- Committee Consideration and Mark-up Session Held
- Referred to the Subcommittee on Health.
- Introduced in House
- Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.