DUE PROCESS Act of 2017

Bill: 115-hr-1795
Sponsor: Rep. Sensenbrenner, F. James, Jr. [R-WI-5]
Introduced: 2017-03-29 in the House
Policy area: Crime and Law Enforcement
Subjects: Accounting and auditing
Animal protection and human-animal relationships
Civil actions and liability
Crimes against animals and natural resources
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
Gambling
Government information and archives
Government studies and investigations
Government trust funds
Law enforcement administration and funding
Lawyers and legal services
Legal fees and court costs
Museums, exhibitions, cultural centers
Veterinary medicine and animal diseases

Summary:
action_date: 2017-03-29
text: 

DUE PROCESS Act of 2017 or the Deterring Undue Enforcement by Protecting Rights O

f Citizens from Excessive Searches and Seizures Act of 2017

 
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 (DOJ) must: (1) annually audit federal civil forfeiture cases, and (2) establish a publicly available database with respect to seizures in such cases.
 
Finally, the bill amends the federal judicial code to authorize DOJ to use amounts from the DOJ Assets Forfeiture Fund to pay for costs associated with a seized animal, including transportation, shelter, care, veterinary services, and humane euthanasia.


Legislative actions:
action_date: 2017-04-24
text: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
action_date: 2017-03-31
text: Referred to the Subcommittee on Health.
action_date: 2017-03-29
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: 2017-03-29
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: 2017-03-29
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: 2017-03-29
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: 2017-03-29
text: Introduced in House
action_date: 2017-03-29
text: Introduced in House