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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5212 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5212

  To amend title 18, United States Code, with respect to civil asset 
                  forfeiture, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2014

 Mr. Walberg introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To amend title 18, United States Code, with respect to civil asset 
                  forfeiture, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civil Asset Forfeiture Reform Act of 
2014''.

SEC. 2. REPRESENTATION BY ATTORNEY.

    Section 983(a)(1)(A)(i) of title 18, United States Code, is amended 
by adding at the end the following: ``The Government shall include in 
any such notice that the person receiving the notice may be able to 
obtain free or reduced rate legal representation under subsection 
(b).''.

SEC. 3. BURDEN OF PROOF.

    Section 983(c) of title 18, United States Code, is amended--
            (1) in paragraph (1), by striking ``by a preponderance of 
        the evidence'' and inserting ``by clear and convincing 
        evidence''; and
            (2) in paragraph (2), by striking ``by a preponderance of 
        the evidence'' and inserting ``by clear and convincing 
        evidence''.

SEC. 4. INNOCENT OWNER DEFENSE.

    (a) In General.--Section 983(d) of title 18, United States Code, is 
amended so that paragraph (1) reads as follows:
            ``(1) The innocent owner defense shall be available to a 
        claimant. Where a prima facie case is made for such a defense, 
        the Government has the burden of proving that the claimant knew 
        or reasonably should have known that the property was involved 
        in the illegal conduct giving rise to the forfeiture.''.
    (b) Knowledge by Owner of Criminal Activity.--Section 983(d)(2)(B) 
of title 18, United States Code, is amended--
            (1) in clause (i), by striking ``a person may show that 
        such person did all that reasonably could be expected may 
        include demonstrating that such person to the extent permitted 
        by law'' and inserting ``the Government may show that the 
        property owner should have had knowledge of the criminal 
        activity by demonstrating that the property owner did not'';
            (2) in clause (i)(I), by striking ``gave'' and inserting 
        ``give''; and
            (3) in clause (i)(II)--
                    (A) by striking ``revoked or made'' and inserting 
                ``revoke or make''; and
                    (B) by striking ``took'' and inserting ``take''.

SEC. 5. PROPORTIONALITY.

    Section 983(g) of title 18, United States Code, is amended so that 
paragraph (2) reads as follows:
            ``(2) In making this determination, the court shall 
        consider such factors as the seriousness of the offense, the 
        extent of the nexus of the property to the offense, the range 
        of sentences available for the offense giving rise to 
        forfeiture, the fair market value of the property, and the 
        hardship to the property owner and dependents''.

SEC. 6. INCREASED VISIBILITY.

    Section 524(c)(6)(i) of title 28, United States Code, is amended by 
inserting ``from each type of forfeiture, and specifically identifying 
which funds were obtained from including criminal forfeitures and which 
were obtained from civil forfeitures,'' after ``deposits''.

SEC. 7. EQUITABLE SHARING AGREEMENTS.

    Section 524(c) of title 28, United States Code, is amended by 
adding at the end the following:
    ``(12) The Attorney General shall assure that any equitable sharing 
between the Department of Justice and a local or State law enforcement 
agency was not initiated for the purpose of circumventing any State law 
that prohibits civil forfeiture or limits use or disposition of 
property obtained via civil forfeiture by State or local agencies.''.
                                 <all>
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