Sec. 2. Civil forfeiture and nonjudicial forfeiture
879 words·~4 min read·
/bill/118/s/5512/is/section-2A 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 (a)— in the subsection heading, by striking Claim; ; in paragraph (1)— in subparagraph (A)— in clause (i)— by striking clauses
(ii)through (v), in any nonjudicial and inserting clause (ii), in any ; and by striking 60 and inserting 7 ; by striking clauses
(ii)through (v); and by inserting after clause
(i)the following: If the identity or interest of a party is not determined until after the seizure or turnover but is determined before a declaration of forfeiture is entered, the Government shall determine the identity and address of the party or interest within 7 days after the seizure or turnover, and notice shall be sent to such interested party not later than 7 days after the determination by the Government of the identity and address of the party or the party’s interest. ; by striking subparagraphs
(B)and (C); by redesignating subparagraphs
(D)through
(F)as subparagraphs
(B)through (D), respectively; and in subparagraph (C), as so redesignated, by striking nonjudicial ; by striking paragraph (2); by redesignating paragraphs
(3)and
(4)as paragraphs
(2)and (3), respectively; and in paragraph (2)(A), as so redesignated— by striking 90 and inserting 30 ; and by striking after a claim has been filed and inserting after the date of the seizure ; in subsection (b)— in paragraph (1)— by amending subparagraph
(A)to read as follows: If a person with standing to contest the forfeiture of property in a civil forfeiture proceeding under a civil forfeiture statute is— financially unable to obtain representation by counsel; or the cost of obtaining representation would exceed the value of the seized property, the court may authorize or appoint counsel to represent that person with respect to the claim. ; and in subparagraph (B), by inserting or appoint after authorize ; and in paragraph (2)(A)— by striking in a judicial civil forfeiture proceeding and inserting in a civil forfeiture proceeding ; by inserting under paragraph
(1)after counsel ; 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. ; in subsection (d)— in paragraph (1), by striking the second sentence and inserting the following: The Government shall have the burden of proving that the claimant is not an innocent owner by a preponderance of the evidence. ; and in paragraph (2)— in subparagraph (A), by striking an owner who and all that follows through upon learning and inserting an owner who, upon learning ; and in subparagraph (B)(i), by inserting before For the purposes of this paragraph the following: If the Government satisfies its burden under paragraph (1), the claimant may rebut the Government’s evidence related to his innocent ownership, including by showing that he did all that could reasonably be expected under the law. ; in subsection (e)— in paragraph (1), in the matter preceding subparagraph (A)— by striking nonjudicial ; and by striking a declaration and inserting an order ; in paragraph (2)— in subparagraph (A), by striking declaration and inserting order ; and by striking subparagraph
(B)and inserting the following: Any proceeding described in subparagraph
(A)shall be commenced within 6 months of the entry of the order granting the motion. ; and by striking paragraph (5); in subsection (f)(1), in the matter preceding subparagraph (A), by striking
(a)and inserting (a)(3)(A) ; in subsection (g)— in paragraph (1), by striking (a)(4) and inserting (a)(3) ; and by amending paragraph
(2)to read as follows: In making this determination, the court shall consider such factors as— the seriousness of the offense; the extent of the nexus of the property to the offense; the range of sentences available for the offense giving rise to forfeiture; the fair market value of the property; and the hardship to the property owner and dependents. ; and by adding at the end the following: Notwithstanding any other provision of law— no Federal seizing agency may conduct nonjudicial forfeitures; no property may be subject to forfeiture except through judicial process; and no order of forfeiture may be entered except by a United States district court. In this subsection, the term nonjudicial forfeiture means an in rem action that permits the Federal seizing agency to start a forfeiture without judicial involvement. .