I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Civil Asset Forfeiture 

5 Reform Act of 2014’’. 

6 SEC. 2. REPRESENTATION BY ATTORNEY. 

7 Section 983(a)(1)(A)(i) of title 18, United States 

8 Code, is amended by adding at the end the following: ‘‘The 

9 Government shall include in any such notice that the perVerDate Mar 15 2010 01:31 Jul 31, 2014 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5212.IH H5212

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1 son receiving the notice may be able to obtain free or re2 duced rate legal representation under subsection (b).’’. 

3 SEC. 3. BURDEN OF PROOF. 

4 Section 983(c) of title 18, United States Code, is 

5 amended— 

6 (1) in paragraph (1), by striking ‘‘by a prepon7 derance of the evidence’’ and inserting ‘‘by clear and 

8 convincing evidence’’; and 

9 (2) in paragraph (2), by striking ‘‘by a prepon10 derance of the evidence’’ and inserting ‘‘by clear and 

11 convincing evidence’’. 

12 SEC. 4. INNOCENT OWNER DEFENSE. 

13 (a) IN GENERAL.—Section 983(d) of title 18, United 

14 States Code, is amended so that paragraph (1) reads as 

15 follows: 

16 ‘‘(1) The innocent owner defense shall be avail17 able to a claimant. Where a prima facie case is made 

18 for such a defense, the Government has the burden 

19 of proving that the claimant knew or reasonably 

20 should have known that the property was involved in 

21 the illegal conduct giving rise to the forfeiture.’’. 

22 (b) KNOWLEDGE BY OWNER OF CRIMINAL ACTIV23 ITY.—Section 983(d)(2)(B) of title 18, United States 

24 Code, is amended— 


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1 (1) in clause (i), by striking ‘‘a person may 

2 show that such person did all that reasonably could 

3 be expected may include demonstrating that such 

4 person to the extent permitted by law’’ and inserting 

5 ‘‘the Government may show that the property owner 

6 should have had knowledge of the criminal activity 

7 by demonstrating that the property owner did not’’; 

8 (2) in clause (i)(I), by striking ‘‘gave’’ and in9 serting ‘‘give’’; and 

10 (3) in clause (i)(II)— 

11 (A) by striking ‘‘revoked or made’’ and in12 serting ‘‘revoke or make’’; and 

13 (B) by striking ‘‘took’’ and inserting 

14 ‘‘take’’. 

15 SEC. 5. PROPORTIONALITY. 

16 Section 983(g) of title 18, United States Code, is 

17 amended so that paragraph (2) reads as follows: 

18 ‘‘(2) In making this determination, the court 

19 shall consider such factors as the seriousness of the 

20 offense, the extent of the nexus of the property to 

21 the offense, the range of sentences available for the 

22 offense giving rise to forfeiture, the fair market 

23 value of the property, and the hardship to the prop24 erty owner and dependents’’. 


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1 SEC. 6. INCREASED VISIBILITY. 

2 Section 524(c)(6)(i) of title 28, United States Code, 

3 is amended by inserting ‘‘from each type of forfeiture, and 

4 specifically identifying which funds were obtained from in5 cluding criminal forfeitures and which were obtained from 

6 civil forfeitures,’’ after ‘‘deposits’’. 

7 SEC. 7. EQUITABLE SHARING AGREEMENTS. 

8 Section 524(c) of title 28, United States Code, is 

9 amended by adding at the end the following: 

10 ‘‘(12) The Attorney General shall assure that any eq11 uitable sharing between the Department of Justice and a 

12 local or State law enforcement agency was not initiated 

13 for the purpose of circumventing any State law that pro14 hibits civil forfeiture or limits use or disposition of prop15 erty obtained via civil forfeiture by State or local agen16 cies.’’. 

Æ 


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