FAIR Act

Bill: 113-hr-5502
Sponsor: full_name: Rep. Garrett, Scott [R-NJ-5]
Introduced: 2014-09-17
Policy area: Crime and Law Enforcement
Subjects: Civil actions and liability

Criminal investigation, prosecution, interrogation

Evidence and witnesses

Government trust funds
Latest action: action_date: 2014-10-28
text: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Summaries:
action_date: 2014-09-17
action_desc: Introduced in House
text: <p>Fifth Amendment Integrity Restoration Act of 2014 or the FAIR Act - Amends the federal criminal code to increase the federal government's burden of proof in civil forfeiture proceedings to clear and convincing evidence. Requires the government, in addition to showing a substantial connection between the seized property and the offense in a forfeiture proceeding, to establish by clear and convincing evidence that the owner of any interest in the seized property intentionally used the property in connection with the offense or knowingly consented or was willfully blind to the use of the property by another in connection with the offense. </p> <p>Requires proceeds from the disposition of forfeited property to be deposited into the General Fund of the Treasury, rather than to Department of Justice (DOJ) accounts for law enforcement activities. </p>

tv_txt: I 113th CONGRESS 2d Session H. R. 5502 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Mr. Garrett (for himself, Mr. Walberg , and Mr. Cárdenas ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on 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 A BILL To restore the integrity of the Fifth Amendment to the Constitution of the United States, and for other purposes.

1. Short title This Act may be cited as the Fifth Amendment Integrity Restoration Act of 2014 or the FAIR Act . 2. Civil forfeiture proceedings Section 983 of title 18, United States Code, is amended— (1) in subsection (c)— (A) in paragraph (1), by striking a preponderance of the evidence and inserting clear and convincing evidence ; (B) in paragraph (2), by striking a preponderance of the evidence and inserting clear and convincing evidence ; and (C) by striking paragraph (3) and inserting the following: (3) if the Government's theory of forfeiture is that the property used to commit or facilitate the commission of a criminal offense, or was involved in the commission of a criminal offense, the Government shall establish, by clear and convincing evidence, that— (A) there was a substantial connection between the property and the offense; and (B) the owner of any interest in the seized property— (i) intentionally used the property in connection with the offense; or (ii) knowingly consented or was willfully blind to the use of the property by another in connection with the offense. ; and (2) in subsection (d)(2)(A), by striking an owner who and all that follows through upon learning and inserting an owner who upon learning . 3. Disposition of forfeited property (a) Revisions to Controlled Substances Act Section 511(e) of the Controlled Substances Act ( 21 U.S.C. 881(e) ) is amended— (1) in paragraph (1), by striking civilly or ; (2) in paragraph (2)(B), by striking accordance with section 524(c) of title 28, and inserting the General Fund of the Treasury of the United States ; and (3) in paragraph (4)(B), by striking civilly or . (b) Revisions to title 18 Section 981(e) of title 18, United States Code, is amended— (1) by striking is authorized and all that follows through or forfeiture of the property; and inserting may forward to the Treasurer of the United States any proceeds of property forfeited pursuant to this section for deposit in the General Fund of the Treasury or transfer such property on such terms and conditions as such officer may determine— ; (2) by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (1), (2), (3), (4), and (5), respectively; and (3) in the matter following paragraph (5), as so redesignated— (A) by striking the first, second, and third sentences; and (B) by striking paragraphs (3), (4), and (5) and inserting paragraphs (1), (2), and (3) . 4. Department of Justice Assets Forfeiture Fund deposits Section 524(c)(4) of title 28, United States Code, is amended— (1) by striking subparagraphs (A) and (B); and (2) by redesignating subparagraphs (C) and (D) as subparagraphs (A) and (B), respectively. 5. Applicability The amendments made by this Act shall apply to— (1) any civil forfeiture proceeding pending on or filed on or after the date of enactment of this Act; and (2) any amounts received from the forfeiture of property on or after the date of enactment of this Act.