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H.R. 5283 · 114th Congress

Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2016

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Never voted on. It didn't reach a floor vote before the 114th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.

DUE PROCESS Act of 2016 or the Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2016

What it does: CRS summary · Reported to House amended, Part I · Dec 23, 2016

DUE PROCESS Act of 2016 or the Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2016

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 specified notice requirements; and
  • expedites and otherwise modifies certain procedures.

The Department of Justice must: (1) annually audit federal civil forfeiture cases, and (2) establish a publicly available database with respect to seizures in such cases.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov

About this bill and sources

Official title: Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2016

Also known as: DUE PROCESS Act of 2016

Latest action (Dec 23, 2016): Placed on the Union Calendar, Calendar No. 702.

Policy area: Crime and Law Enforcement · Origin: House · Introduced: May 19, 2016

Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)

No recorded floor vote found.