3.0.0 1795 2023-01-11T13:35:29Z 2023-01-11T13:35:29Z House HR 2017-03-29 115 [Congressional Record Volume 163, Number 55 (Wednesday, March 29, 2017)]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. SENSENBRENNER:H.R. 1795.Congress has the power to enact this legislation pursuantto the following:Article 1, Section 8, Clause 3 (The Congress shall havePower ``To regulate Commerce with foreign nations, and amongthe several States and within the Indian Tribes'') andArticle 1, Section 8, Clause 18 (The Congress shall havePower ``to make all laws which shall be necessary and properfor carrying into Execution the foregoing Powers, and allother Powers vested by this Constitution in the Government ofthe United States, or in any Department or Officerthereof'').Additional authority derives from Article III, Section 1,(``The judicial Power of the United States, shall be vestedin one Supreme Court, and in each inferior courts as theCongress may from time to time ordain and establish. TheJudges, both of the Supreme and inferior Courts, shall holdtheir Officers during good Behavior, and shall at statedtimes, receive for their Services, a Compensation, whichshall not be diminished during their Continuance in Office.)Additional authority also derives from Article III, Section2, Clause 3 of the Constitution.[Page H2560]]]> hsju00 Judiciary Committee House Standing hsju08 Crime and Federal Government Surveillance Subcommittee Referred to 2017-04-24T15:30:08Z Referred to 2017-03-29T12:04:00Z hsif00 Energy and Commerce Committee House Standing hsif14 Health Subcommittee Referred to 2017-03-31T14:58:14Z Referred to 2017-03-29T12:04:10Z hsba00 Financial Services Committee House Standing Referred to 2017-03-29T12:04:05Z HEART Act of 2017 115 398 HR 2017-02-06 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. Related bill CRS 2017-04-24 hsju08 Crime and Federal Government Surveillance Subcommittee 1 House committee actions Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. Committee 2017-03-31 hsif14 Health Subcommittee 1 House committee actions Referred to the Subcommittee on Health. Committee 2017-03-29 Referred to the Committee on the Judiciary, and in addition to the Committees on Financial Services, and Energy and Commerce, 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. IntroReferral H11100 2 House floor actions hsif00 Energy and Commerce Committee 2017-03-29 Referred to the Committee on the Judiciary, and in addition to the Committees on Financial Services, and Energy and Commerce, 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. IntroReferral H11100 2 House floor actions hsba00 Financial Services Committee 2017-03-29 Referred to the Committee on the Judiciary, and in addition to the Committees on Financial Services, and Energy and Commerce, 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. IntroReferral H11100-A 9 Library of Congress 2017-03-29 Referred to the Committee on the Judiciary, and in addition to the Committees on Financial Services, and Energy and Commerce, 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. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2017-03-29 Introduced in House IntroReferral Intro-H 9 Library of Congress 2017-03-29 Introduced in House IntroReferral 1000 9 Library of Congress S000244 Rep. Sensenbrenner, F. James, Jr. [R-WI-5] F. SENSENBRENNER R WI JAMES 5 N C000714 Rep. Conyers, John, Jr. [D-MI-13] JOHN CONYERS D MI 13 2017-03-29 True K000386 Rep. Katko, John [R-NY-24] John Katko R NY 24 2017-03-29 True J000289 Rep. Jordan, Jim [R-OH-4] Jim Jordan R OH 4 2017-03-29 True J000032 Rep. Jackson Lee, Sheila [D-TX-18] SHEILA JACKSON LEE D TX 18 2017-03-29 True S000185 Rep. Scott, Robert C. "Bobby" [D-VA-3] Robert Scott D VA C. "Bobby" 3 2017-03-29 True N000147 Del. Norton, Eleanor Holmes [D-DC-At Large] ELEANOR NORTON D DC HOLMES 0 2017-03-29 True C001068 Rep. Cohen, Steve [D-TN-9] Steve Cohen D TN 9 2017-03-29 True L000573 Rep. Labrador, Raul R. [R-ID-1] Raul Labrador R ID R. 1 2017-03-29 True L000397 Rep. Lofgren, Zoe [D-CA-19] ZOE LOFGREN D CA 19 2017-03-29 True J000288 Rep. Johnson, Henry C. "Hank," Jr. [D-GA-4] Henry Johnson D GA C. "Hank" 4 2017-03-29 True N000002 Rep. Nadler, Jerrold [D-NY-10] JERROLD NADLER D NY 10 2017-03-29 True I000056 Rep. Issa, Darrell E. [R-CA-49] DARRELL ISSA R CA E. 49 2017-03-29 True C000266 Rep. Chabot, Steve [R-OH-1] STEVE CHABOT R OH 1 2017-03-29 True G000289 Rep. Goodlatte, Bob [R-VA-6] ROBERT GOODLATTE R VA W. 6 2017-03-30 False C001093 Rep. Collins, Doug [R-GA-9] Doug Collins R GA 9 2017-03-30 False R000592 Rep. Rokita, Todd [R-IN-4] Todd Rokita R IN 4 2017-04-04 False R000588 Rep. Richmond, Cedric L. [D-LA-2] Cedric Richmond D LA L. 2 2017-04-12 False S001170 Rep. Shea-Porter, Carol [D-NH-1] Carol Shea-Porter D NH 1 2017-04-28 False R000409 Rep. Rohrabacher, Dana [R-CA-48] DANA ROHRABACHER R CA 48 2017-07-19 False B001270 Rep. Bass, Karen [D-CA-37] Karen Bass D CA 37 2017-07-20 False L000287 Rep. Lewis, John [D-GA-5] JOHN LEWIS D GA 5 2017-07-25 False S000510 Rep. Smith, Adam [D-WA-9] ADAM SMITH D WA 9 2017-07-25 False D000621 Rep. DeSantis, Ron [R-FL-6] Ron DeSantis R FL 6 2017-07-27 False R000582 Rep. Roe, David P. [R-TN-1] David Roe R TN P. 1 2017-08-25 False R000606 Rep. Raskin, Jamie [D-MD-8] Jamie Raskin D MD 8 2017-08-25 False Crime and Law Enforcement Accounting and auditing Animal protection and human-animal relationships Civil actions and liability Crimes against animals and natural resources Criminal justice information and records Criminal procedure and sentencing Drug trafficking and controlled substances Due process and equal protection Evidence and witnesses Fraud offenses and financial crimes Gambling Government information and archives Government studies and investigations Government trust funds Law enforcement administration and funding Lawyers and legal services Legal fees and court costs Museums, exhibitions, cultural centers Veterinary medicine and animal diseases Crime and Law Enforcement 00 2017-03-29 Introduced in House 2018-02-12T17:31:13Z 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.

]]> DUE PROCESS Act of 2017 Display Title DUE PROCESS Act of 2017 Official Title as Introduced To amend title 18, United States Code, to reform certain forfeiture procedures, and for other purposes. Introduced in House IH Short Titles as Introduced DUE PROCESS Act of 2017 Short Titles as Introduced Deterring Undue Enforcement by Protecting Rights Of Citizens from Excessive Searches and Seizures Act of 2017 Introduced in House 2017-03-29T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-115hr1795ih/xml/BILLS-115hr1795ih.xml 2017-04-24 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.