3.0.0 5212 2023-01-11T13:25:56Z 2023-01-11T13:25:56Z House H HR 2014-07-28 113 From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. WALBERG:H.R. 5212.Congress has the power to enact this legislation pursuantto the following:Article I, Section 8, Clause 9 of the Constitution of theUnited States; the power to constitute Tribunals inferior tothe Supreme Court.The purpose of the bill is to amend the civil assetforfeiture procedures and Section 8, Clause 9 extends toCongress the power to create inferior courts and to makerules of procedure and evidence for such courts.[Page H6976]]]> hsju00 Judiciary Committee House Standing hsju08 Crime and Federal Government Surveillance Subcommittee Referred to 2014-09-26T19:52:57Z Referred to 2014-07-28T16:00:24Z 2014-09-26 hsju08 Crime and Federal Government Surveillance Subcommittee 1 House committee actions Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. Committee 2014-07-28 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2014-07-28 Introduced in House IntroReferral Intro-H 9 Library of Congress 2014-07-28 Introduced in House IntroReferral 1000 9 Library of Congress W000798 Rep. Walberg, Tim [R-MI-7] Tim Walberg R MI 7 N E000291 Rep. Ellmers, Renee L. [R-NC-2] Renee Ellmers R NC L. 2 2014-08-01 False C001077 Rep. Coffman, Mike [R-CO-6] Mike Coffman R CO 6 2014-09-08 False L000571 Rep. Lummis, Cynthia M. [R-WY-At Large] Cynthia Lummis R WY M. 0 2014-09-09 False P000588 Rep. Pearce, Stevan [R-NM-2] Stevan Pearce R NM 2 2014-09-09 False R000587 Rep. Ribble, Reid J. [R-WI-8] Reid Ribble R WI J. 8 2014-09-09 False R000409 Rep. Rohrabacher, Dana [R-CA-48] DANA ROHRABACHER R CA 48 2014-09-11 False B001250 Rep. Bishop, Rob [R-UT-1] Rob Bishop R UT 1 2014-09-11 False C001062 Rep. Conaway, K. Michael [R-TX-11] K. Conaway R TX Michael 11 2014-09-11 False B001262 Rep. Broun, Paul C. [R-GA-10] Paul Broun R GA C. 10 2014-09-11 False C001102 Rep. Clawson, Curt [R-FL-19] Curt Clawson R FL 19 2014-09-16 False G000548 Rep. Garrett, Scott [R-NJ-5] Scott Garrett R NJ 5 2014-09-17 False E000288 Rep. Ellison, Keith [D-MN-5] Keith Ellison D MN 5 2014-09-18 False T000470 Rep. Tipton, Scott R. [R-CO-3] Scott Tipton R CO R. 3 2014-09-18 False M001177 Rep. McClintock, Tom [R-CA-4] Tom McClintock R CA 4 2014-11-12 False S000937 Rep. Stockman, Steve [R-TX-36] STEVE STOCKMAN R TX 36 2014-11-12 False B001280 Rep. Bentivolio, Kerry L. [R-MI-11] Kerry Bentivolio R MI L. 11 2014-11-12 False J000288 Rep. Johnson, Henry C. "Hank," Jr. [D-GA-4] Henry Johnson D GA C. "Hank" 4 2014-11-12 False M000933 Rep. Moran, James P. [D-VA-8] JAMES MORAN D VA P. 8 2014-11-12 False F000030 Rep. Farr, Sam [D-CA-20] SAM FARR D CA 20 2014-11-12 False C001097 Rep. Cárdenas, Tony [D-CA-29] Tony Cárdenas D CA 29 2014-11-13 False Crime and Law Enforcement Criminal justice information and records Criminal procedure and sentencing Evidence and witnesses Government information and archives Intergovernmental relations Lawyers and legal services Property rights State and local finance State and local government operations Crime and Law Enforcement 00 2014-07-28 Introduced in House 2014-12-01T21:51:55Z Civil Asset Forfeiture Reform Act of 2014 - Amends the federal criminal code to require the government to include in any notice required to be sent in a nonjudicial civil forfeiture proceeding under a civil forfeiture statute that the person receiving the notice may be able to obtain free or reduced rate legal representation.

Requires the government, in a suit or action brought under any civil forfeiture statute for the civil forfeiture of property, to prove that the property is subject to forfeiture by clear and convincing evidence (currently, by a preponderance of the evidence).

Provides that where a prima facie case is made for an innocent owner defense, the government has the burden of proving that the claimant knew or reasonably should have known that the property was involved in the illegal conduct giving rise to the forfeiture (currently, the claimant has the burden of proving that the claimant is an innocent owner). Places the burden on the government to show that the property owner should have had knowledge of the criminal activity by demonstrating that the property owner did not: (1) give timely notice to law enforcement of information that led the person to know the conduct giving rise to a forfeiture occurred; and (2) in a timely fashion, revoke or attempt to revoke permission for those engaging in such conduct to use the property or take reasonable actions in consultation with law enforcement to discourage or prevent the illegal use of the property.

Directs the court, in determining whether the forfeiture was constitutionally excessive, to consider such factors as the seriousness of the offense, the extent of the nexus of the property to the offense, the range of sentences available for the offense giving rise to forfeiture, the fair market value of the property, and the hardship to the property owner and dependents (currently, the court is required to compare the forfeiture to the gravity of the offense giving rise to the forfeiture).

Requires the Attorney General to: (1) specify, in the annual report on the Department of Justice Assets Forfeiture Fund, deposits from each type of forfeiture, identifying which funds were obtained from criminal forfeitures and which were obtained from civil forfeitures; and (2) assure that any equitable sharing between the Department of Justice (DOJ) and a local or state law enforcement agency was not initiated for the purpose of circumventing any state law that prohibits civil forfeiture or limits use or disposition of property obtained via civil forfeiture by state or local agencies.

]]> Civil Asset Forfeiture Reform Act of 2014 Display Title Civil Asset Forfeiture Reform Act of 2014 Official Title as Introduced To amend title 18, United States Code, with respect to civil asset forfeiture, and for other purposes. Introduced in House IH Short Titles as Introduced Civil Asset Forfeiture Reform Act of 2014 Introduced in House 2014-07-28T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-113hr5212ih/xml/BILLS-113hr5212ih.xml 2014-09-26 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. 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. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.