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Civil Forfeiture Reform: Higher Proof Standard and Stronger Property Rights Protection

This Act significantly raises the legal bar for federal authorities seeking to seize and keep citizens' property through civil forfeiture by requiring the government to meet a 'clear and convincing evidence' standard. It introduces faster judicial procedures, including the right to a prompt initial hearing, and ensures access to legal counsel for those who cannot afford it. These reforms aim to strengthen property rights and increase government accountability in seizure cases.
Key points
Higher Burden of Proof: The government must prove its forfeiture claims using 'clear and convincing evidence,' a significantly higher standard than previously required.
Faster Defense: Citizens can request a rapid initial hearing before a magistrate judge (within 10 days of request) to challenge the lawfulness of their property seizure.
Legal Aid and Fees: The right to appointed counsel in forfeiture cases is expanded, and it is easier for claimants to recover attorney fees if they prevail or settle.
Transparency: Federal agencies must maintain public, updated databases detailing all property seizures, their value, and outcomes, enhancing public oversight.
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Additional Information
Print number: 118_S_5578
Sponsor: Sen. Grassley, Chuck [R-IA]
Process start date: 2024-12-18
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Summarized by: gemini-flash-latest
Source data: api.congress.gov
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OFFICIAL LEGAL TITLE

DUE PROCESS Act of 2024

FREQUENTLY ASKED QUESTIONS

What is the official ID of this bill?

The official print number for this legislation is 118_S_5578.

Which chamber initiated this legislation?

This legislation was initiated in the Senate.

When did the legislative process begin?

The process officially started on 2024-12-18.

What are the main provisions?

Key points include:

  • Higher Burden of Proof: The government must prove its forfeiture claims using 'clear and convincing evidence,' a significantly higher standard than previously required.
  • Faster Defense: Citizens can request a rapid initial hearing before a magistrate judge (within 10 days of request) to challenge the lawfulness of their property seizure.
  • Legal Aid and Fees: The right to appointed counsel in forfeiture cases is expanded, and it is easier for claimants to recover attorney fees if they prevail or settle.
  • Transparency: Federal agencies must maintain public, updated databases detailing all property seizures, their value, and outcomes, enhancing public oversight.
What is the specific legal status?

The current status is Expired.

Where can I read the full text of this legislation?

The full official text is available at: View full text

Who is the primary sponsor?

The primary sponsor is Sen. Grassley, Chuck [R-IA].

What is the latest detailed status?

The latest detailed status is: Introduced in Senate

Is this summary verified?

Yes. This content was analyzed by AI and verified by the Lustra Judge System on 2025-12-26.

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