113 HR 5847 IH: Fifth Amendment Restoration Act of 2014 U.S. House of Representatives text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 2d Session H. R. 5847 IN THE HOUSE OF REPRESENTATIVES December 10, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on the Judiciary A BILL To abolish civil asset forfeiture to the Federal Government.

1.

Short title

This Act may be cited as the Fifth Amendment Restoration Act of 2014.

2.

Findings

Congress finds as follows:(1)Civil asset forfeiture is the seizure of private property by the government without due process of law. Law enforcement officers routinely seize money, financial assets and possessions simply by asserting their intuition or belief that the assets or property are connected to some (often unspecified) illegal activity.(2)The burden of proof in asset forfeiture proceedings is placed entirely on the owner to prove his innocence, instead of the government to prove guilt.(3)Seized property is often not returned, even if the owner is never convicted of a crime. Property is often seized without even charging owners with a crime.(4)Many people cannot afford to fight in court to restore rightful ownership of their property.(5)Instead of returning property to its rightful owners, police and agencies often retain seized property for their own use, or sell seized property and keep the income, creating a vested incentive to seize property for salaries, vehicles, and perks, giving rise to the euphemism, policing for profit.(6)Courts of justice are the proper and legal venue to determine if property is stolen or used in the commission of a crime, not individual police officers or public officials. Stolen property should always be returned to its lawful owners, and not become the property of police departments.(7)The Fifth Amendment of the United States Constitution states, No person shall be … deprived of life, liberty, or property, without due process of law.(8)The abolition of civil asset forfeiture restores the Fifth Amendment right to not be deprived of property without due process of law.

3.

Abolition of civil asset forfeiture

(a)

In general

Except as provided in subsection (c), no property may be forfeited or seized under any civil asset forfeiture law.(b)

Prohibition on adoptive seizures

No Federal agency may participate in or benefit from any multiple-jurisdiction, equitable sharing, or shared civil asset forfeiture program with any State or local government, nor accept or adopt property seized by a State or local government.(c)

Rules of construction

(1)

Contraband

Nothing in this Act shall prohibit the forfeiture or seizure of contraband, including anything prohibited by law from being imported or exported, and nothing in this Act shall prohibit the forfeiture or seizure of anything the possession of which is a crime.(2)

Criminal seizures

Nothing in this Act shall prohibit the forfeiture or seizure of property if the owner of that property has first been convicted of a criminal offense that makes the property subject to forfeiture or seizure.(d)

Remedy for property not lawfully seized

Property unlawfully seized in violation of this Act shall be restored to the owner of that property with all deliberate speed.(e)

Definitions

In this Act:(1)

Civil asset forfeiture law

The term civil asset forfeiture law means any provision of Federal law providing for the seizure or forfeiture of property other than as a sentence imposed upon conviction for a criminal offense.(2)

Property

The term property includes anything owned by a person or entity including real property and personal property including financial assets and commonly held property owned by more than one person.