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Bill114th CongressFiled May 19, 2016Crime and Law Enforcement
H.R. 5283

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

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What it doesSummary reported to house amended, part i (Dec 23, 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 specified 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.

What just happenedDec 23, 2016

Placed on the Union Calendar, Calendar No. 702.

Who’s behind it

Rep. Sensenbrenner, F. James, Jr. [R-WI-5](R-WI)Sponsor
24 cosponsors9 D15 R
Read on Congress.gov
24cosponsors3committees15actions1related bills12subjects
  1. Dec 23, 2016CalendarsH12410

    Placed on the Union Calendar, Calendar No. 702.

  2. Dec 23, 2016DischargeH12300

    Committee on Energy and Commerce discharged.

    Energy and Commerce Committee
  3. Dec 23, 2016Committee5500

    Committee on Energy and Commerce discharged.

    Energy and Commerce Committee
  4. Dec 23, 2016DischargeH12300

    Committee on Financial Services discharged.

    Financial Services Committee
  5. Dec 23, 2016Committee5500

    Committee on Financial Services discharged.

    Financial Services Committee
  6. Dec 23, 2016CommitteeH12200

    Reported (Amended) by the Committee on Judiciary. H. Rept. 114-892, Part I.

    Judiciary Committee
  7. Dec 23, 2016Committee5000

    Reported (Amended) by the Committee on Judiciary. H. Rept. 114-892, Part I.

    Judiciary Committee
  8. May 25, 2016Committee

    Ordered to be Reported (Amended) by Voice Vote.

    Judiciary Committee
  9. May 25, 2016Committee

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  10. May 19, 2016IntroReferralH11100

    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.

    Energy and Commerce Committee
  11. May 19, 2016IntroReferralH11100

    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.

    Financial Services Committee
  12. May 19, 2016IntroReferralH11100-A

    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.

  13. May 19, 2016IntroReferralH11100

    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.

    Judiciary Committee
  14. May 19, 2016IntroReferralIntro-H

    Introduced in House

  15. May 19, 2016IntroReferral1000

    Introduced in House

Reported to House amended, Part IDec 23, 201618

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 specified 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.

Introduced in HouseMay 19, 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.

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