FAIR Act of 2023

Bill: 118-hr-1525
Sponsor: Rep. Walberg, Tim [R-MI-5]
Introduced: 2023-03-09 in the House
Policy area: Crime and Law Enforcement
Subjects: Administrative remedies
Civil actions and liability
Congressional oversight
Criminal investigation, prosecution, interrogation
Customs enforcement
Due process and equal protection
Evidence and witnesses
Government trust funds
Judicial procedure and administration
Lawyers and legal services
Legal fees and court costs
Property rights
State and local government operations

Summary:
action_date: 2023-03-09
text: 

Fifth Amendment Integrity Restoration Act of 2023 or the FAIR Act of 2023

 
This bill revises federal laws governing civil asset forfeiture.
 
Specifically, the bill makes various changes to the general rules governing civil forfeiture proceedings. Among the changes, the bill
 
 
requires counsel for an indigent property owner whose primary residence is the subject of a civil forfeiture hearing regardless of whether the owner requests counsel, 
 
raises the evidentiary standard from preponderance of the evidence to clear and convincing evidence, and 
 
sets forth factors courts must consider in determining whether a forfeiture of property used to facilitate the commission of an offense is excessive. 
 
 
Additionally, the bill eliminates statutory authority for equitable sharing and directs forfeiture proceeds to be deposited into the general fund of the Treasury instead of the Department of Justice (DOJ) Assets Forfeiture Fund.
 
The bill also makes changes with respect to the civil forfeiture of money involved in structuring offenses (i.e., structuring currency transactions to evade currency reporting requirements). Among the changes, the bill
 
 
specifies an evidentiary standard of 
knowingly
 for structuring offenses, and
 
requires a prompt probable cause hearing following the seizure of money involved in a structuring offense.
 
 
Finally, the bill requires the annual report on deposits into the DOJ Asset Forfeiture Fund to specify deposits from each type of forfeiture and specify which funds were obtained from criminal forfeitures and which were obtained from civil forfeitures.


Legislative actions:
action_date: 2023-06-14
text: Committee Consideration and Mark-up Session Held
action_date: 2023-06-14
text: Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 26 - 0.
action_date: 2023-03-17
text: Referred to the Subcommittee on Health.
action_date: 2023-03-09
text: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, and Financial Services, 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: 2023-03-09
text: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, and Financial Services, 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: 2023-03-09
text: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, and Financial Services, 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: 2023-03-09
text: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, and Financial Services, 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: 2023-03-09
text: Introduced in House
action_date: 2023-03-09
text: Introduced in House