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H.R. 1795 · 115th Congress

DUE PROCESS Act of 2017

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Never voted on. It didn't reach a floor vote before the 115th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.

DUE PROCESS Act of 2017 or the Deterring Undue Enforcement by Protecting Rights O f Citizens from Excessive Searches and Seizures Act of 2017

What it does: CRS summary · Introduced in House · Mar 29, 2017

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.

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

About this bill and sources

Official title: DUE PROCESS Act of 2017

Also known as: Deterring Undue Enforcement by Protecting Rights Of Citizens from Excessive Searches and Seizures Act of 2017

Latest action (Apr 24, 2017): Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Policy area: Crime and Law Enforcement · Origin: House · Introduced: Mar 29, 2017

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

No recorded floor vote found.