U.S. House of Representatives - Civil Asset Forfeiture Reform Act of 2014 – H.R.5212 lyrics

HR 5212 IH 113th CONGRESS 2d Session H. R. 5212 To amend title 18, United States Code, with respect to civil a**et forfeiture, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 28, 2014 Mr. WALBERG introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, with respect to civil a**et forfeiture, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress a**embled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘Civil Asset Forfeiture Reform Act of 2014'. SEC. 2. REPRESENTATION BY ATTORNEY. Section 983(a)(1)(A)(i) of title 18, United States Code, is amended by adding at the end the following: ‘The Government shall include in any such notice that the person receiving the notice may be able to obtain free or reduced rate legal representation under subsection (b).'. SEC. 3. BURDEN OF PROOF. Section 983(c) of title 18, United States Code, is amended-- (1) in paragraph (1), by striking ‘by a preponderance of the evidence' and inserting ‘by clear and convincing evidence'; and (2) in paragraph (2), by striking ‘by a preponderance of the evidence' and inserting ‘by clear and convincing evidence'. SEC. 4. INNOCENT OWNER DEFENSE. (a) In General- Section 983(d) of title 18, United States Code, is amended so that paragraph (1) reads as follows: (1) The innocent owner defense shall be available to a claimant. Where a prima facie case is made for such a defense, the Government has the burden of proving that the claimant knew or reasonably should have known that the property was involved in the illegal conduct giving rise to the forfeiture.'. (b) Knowledge by Owner of Criminal Activity- Section 983(d)(2) (B) of title 18, United States Code, is amended-- (1) in clause (i), by striking ‘a person may show that such person did all that reasonably could be expected may include demonstrating that such person to the extent permitted by law' and inserting ‘the Government may show that the property owner should have had knowledge of the criminal activity by demonstrating that the property owner did not'; (2) in clause (i)(I), by striking ‘gave' and inserting ‘give'; and (3) in clause (i)(II)-- (A) by striking ‘revoked or made' and inserting ‘revoke or make'; and (B) by striking ‘took' and inserting ‘take'. SEC. 5. PROPORTIONALITY. Section 983(g) of title 18, United States Code, is amended so that paragraph (2) reads as follows: (2) In making this determination, the court shall consider such factors as the seriousness of the offense, the extent of the nexus of the property to the offense, the range of sentences available for the offense giving rise to forfeiture, the fair market value of the property, and the hardship to the property owner and dependents'. SEC. 6. INCREASED VISIBILITY. Section 524(c)(6)(i) of title 28, United States Code, is amended by inserting ‘from each type of forfeiture, and specifically identifying which funds were obtained from including criminal forfeitures and which were obtained from civil forfeitures,' after ‘deposits'. SEC. 7. EQUITABLE SHARING AGREEMENTS. Section 524(c) of title 28, United States Code, is amended by adding at the end the following: (12) The Attorney General shall a**ure that any equitable sharing between the Department of Justice and a local or State law enforcement agency was not initiated for the purpose of circumventing any State law that prohibits civil forfeiture or limits use or disposition of property obtained via civil forfeiture by State or local agencies.'.