S 3045
114th Congress
Senate
Crime and Law Enforcement
Accounting and auditing
Civil actions and liability
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
Government information and archives
Government studies and investigations
Lawyers and legal services
Legal fees and court costs
DUE PROCESS Act of 2016
Everywhere this bill has been
2 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Jun 9, 2016
Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S3723)
Jun 9, 2016
Introduced in Senate
Plain-English 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 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's happening now
Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S3723)
Committees of jurisdiction
1
Cosponsors
1