Protecting Citizen Property: New Rules for Government Asset Seizures
This act introduces significant changes to how the government can seize citizens' property in civil cases. It aims to better protect property rights by making it harder for authorities to take assets without a court order and increasing citizens' chances of recovering wrongly seized goods. The changes also affect funds from seized property, which will now go to the Treasury, not directly to government agencies.
Key points
No more non-judicial seizures: The government will no longer be able to seize property without a court order.
Increased protection for owners: Authorities must prove a substantial connection between the property and an offense, and that the owner knowingly consented to its illegal use, making wrongful seizures more difficult.
Faster notifications and shorter deadlines: Citizens whose property is seized will be notified more quickly of their rights and have more time to respond.
Legal aid for those in need: Individuals who cannot afford a lawyer may receive assistance in property seizure cases.
Seized funds go to the Treasury: Money obtained from seized property will be deposited into the general fund of the Treasury, rather than directly to agencies, to prevent misuse.
Greater transparency in reporting: Agencies will need to report more precisely on the source of funds from forfeitures.
Expired
Additional Information
Print number: 118_HR_1525
Sponsor: Rep. Walberg, Tim [R-MI-5]
Process start date: 2023-03-09