House Bill 1795
115th Congress(2017-2018)
DUE PROCESS Act of 2017
Introduced
Introduced in House on Mar 29, 2017
Origin Chamber
House
Type
Bill
Bill
The primary form of legislative measure used to propose law. Depending on the chamber of origin, bills begin with a designation of either H.R. or S. Joint resolution is another form of legislative measure used to propose law.
Bill Number
1795
Congress
115
Policy Area
Crime and Law Enforcement
Crime and Law Enforcement
Primary focus of measure is criminal offenses, investigation and prosecution, procedure and sentencing; corrections and imprisonment; juvenile crime; law enforcement administration. Measures concerning terrorism may fall under Emergency Management or International Affairs policy areas.
No House votes have been held for this bill.
Summary
DUE PROCESS Act of 2017 or the Deterring Undue Enforcement by Protecting Rights Of 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.
March 29, 2017
04/24/2017
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
03/31/2017
Referred to the Subcommittee on Health.
03/29/2017
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.
03/29/2017
Introduced in House
Public Record
Record Updated
Jan 11, 2023 1:35:29 PM