Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2016

Bill: 114-hr-5283
Sponsor: Rep. Sensenbrenner, F. James, Jr. [R-WI-5]
Introduced: 2016-05-19 in the House
Policy area: Crime and Law Enforcement
Subjects: 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

Summary:
action_date: 2016-05-19
text: 

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.

action_date: 2016-12-23
text: 

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.


Legislative actions:
action_date: 2016-12-23
text: Placed on the Union Calendar, Calendar No. 702.
action_date: 2016-12-23
text: Committee on Energy and Commerce discharged.
action_date: 2016-12-23
text: Committee on Energy and Commerce discharged.
action_date: 2016-12-23
text: Committee on Financial Services discharged.
action_date: 2016-12-23
text: Committee on Financial Services discharged.
action_date: 2016-12-23
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 114-892, Part I.
action_date: 2016-12-23
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 114-892, Part I.
action_date: 2016-05-25
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2016-05-25
text: Committee Consideration and Mark-up Session Held.
action_date: 2016-05-19
text: 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.
action_date: 2016-05-19
text: 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.
action_date: 2016-05-19
text: 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.
action_date: 2016-05-19
text: 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.
action_date: 2016-05-19
text: Introduced in House
action_date: 2016-05-19
text: Introduced in House