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S. 3045

Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2016

DUE PROCESS Act of 2016 or the Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2016

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 must: (1) annually audit federal civil forfeiture cases, and (2) establish a publicly available database with respect to seizures in such cases.

Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S3723)

Sen. Grassley, Chuck [R-IA](R-IA)Sponsor
2 cosponsors1 D1 R
2cosponsors1committees2actions1related bills12subjects
  1. IntroReferral

    Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S3723)

    Judiciary Committee
  2. IntroReferral10000

    Introduced in Senate

Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and S… — Informed