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H.R. 1795

BillFederalHouseIn Committee
DUE PROCESS Act of 2017
About This Bill
Committee
Latest Action · April 24, 2017
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Congress
115th (2017–2019)
Introduced
March 29, 2017
Cosponsors (25)
14D 11R
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Summary

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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.

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