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. 
Be it enacted by the Senate and House of Representa-
tives 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 per-
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son receiving the notice may be able to obtain free or re-
duced 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 prepon-
derance of the evidence’’ and inserting ‘‘by clear and 
convincing evidence’’; and 
(2) in paragraph (2), by striking ‘‘by a prepon-
derance 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 avail-
able 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 ACTIV-
ITY.—Section 983(d)(2)(B) of title 18, United States 
Code, is amended— 
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(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 in-
serting ‘‘give’’; and 
(3) in clause (i)(II)— 
(A) by striking ‘‘revoked or made’’ and in-
serting ‘‘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 prop-
erty owner and dependents’’. 
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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 in-
cluding 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 eq-
uitable 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 pro-
hibits civil forfeiture or limits use or disposition of prop-
erty obtained via civil forfeiture by State or local agen-
cies.’’. 
Æ 
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