Sec. 2. Civil forfeiture proceedings

217 words·~1 min read·/bill/115/s/642/is/section-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 983 of title 18, United States Code, is amended— in subsection (b)(2)(A)— by striking , and the property subject to forfeiture is real property that is being used by the person as a primary residence, ; and by striking , at the request of the person, shall insure and inserting shall ensure ; in subsection (c)— in paragraph (1), by striking a preponderance of the evidence and inserting clear and convincing evidence ; in paragraph (2), by striking a preponderance of the evidence and inserting clear and convincing evidence ; and by striking paragraph

(3)and inserting the following: if the Government's theory of forfeiture is that the property was 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— there was a substantial connection between the property and the offense; and the owner of any interest in the seized property— used the property with intent to facilitate the offense; or knowingly consented or was willfully blind to the use of the property by another in connection with the offense. ; and in subsection (d)(2)(A), by striking an owner who and all that follows through upon learning and inserting an owner who, upon learning .