H.R. 5283 — DUE PROCESS Act of 2016

Summary

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.

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Related Legislation

S. 3045DUE PROCESS Act of 2016
2016-06-09Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S3723)
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Legislative Actions

2016-05-19
Introduced in House
2016-05-19
Introduced in House
2016-05-19
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.
2016-05-19
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.
2016-05-19
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.
2016-05-19
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.
2016-05-25
Committee Consideration and Mark-up Session Held.
2016-05-25
Ordered to be Reported (Amended) by Voice Vote.
2016-12-23
Reported (Amended) by the Committee on Judiciary. H. Rept. 114-892, Part I.

DUE PROCESS Act of 2016

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