The DUE PROCESS Act of 2024 significantly reforms how the federal government can seize and forfeit property from citizens. The bill shortens timelines for forfeiture proceedings, reduces deadlines from 60 days to 30 days in several key stages, and requires the government to prove its case using a higher standard of "clear and convincing evidence" instead of the current lower standard of "preponderance of the evidence." The legislation particularly protects individuals by allowing them to request an initial hearing before a magistrate judge within 30 days of seizure, guarantees the right to legal representation (including court-appointed counsel for those who cannot afford attorneys), and prevents the government from freezing property needed to pay for a defense attorney in criminal cases. The bill also establishes new transparency requirements, including annual audits by the Department of Justice Inspector General and two publicly available databases—one updated quarterly with detailed forfeiture statistics and another updated in real-time to help citizens learn if their property has been seized. Additionally, the law makes it easier for property owners to recover attorney's fees if they win their cases and requires forfeitures to be proportional to the offense. These changes apply to all seizures made after the bill becomes law.
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