Protecting Citizens' Property: New Rules for Government Asset Seizure
This act introduces significant changes to how the government can seize citizens' property in criminal and civil cases. It aims to enhance property owners' rights, making it harder for authorities to confiscate assets without a court order and requiring stronger evidence. This provides citizens with greater assurance that their property is safer from unjustified seizure.
Key points
No More Non-Judicial Forfeitures: Federal agencies will no longer be able to seize property without a court order.
Higher Burden of Proof: The government must now provide "clear and convincing evidence," not just a "preponderance of the evidence," to prove property is linked to a crime.
Faster Notice and Hearings: Citizens whose property is seized will receive quicker notice of their rights and are entitled to a faster court hearing.
Legal Aid for the Needy: Individuals unable to afford legal representation may receive appointed counsel in forfeiture cases.
Forfeited Funds to Treasury: Money from seized property will now go to the General Fund of the Treasury, rather than directly to seizing agencies, aiming to reduce incentives for unjustified seizures.
Introduced
Additional Information
Print number: 119_S_263
Sponsor: Sen. Paul, Rand [R-KY]
Process start date: 2025-01-27