H.R. 1916 104th Congress
Title: To reform certain statutes regarding civil asset forfeiture.
Sponsor: Rep Hyde, Henry J. [IL-6] (introduced 6/22/1995)
Cosponsors (23)
Latest Major Action: 7/22/1996 House committee/subcommittee actions.
Status: Committee Hearings Held.
SUMMARY AS OF:
6/22/1995 — Introduced.
Civil Asset Forfeiture Reform Act — Amends the Federal judicial code to exclude from the customs and tax exemption under tort claims procedures any claim based on the negligent destruction, injury, or loss of goods or merchandise (including real property) while in the possession of any customs or other law enforcement officer.
Extends the period for filing claims in certain in rem proceedings.
Amends the Tariff Act of 1930 to provide that: (1) in all suits or actions brought for the forfeiture of any vessel, vehicle, aircraft, merchandise, or baggage seized under the provisions of any law relating to the collection of duties on imports or tonnage, with exceptions, and for the recovery of the value of any forfeited property because of violation of any such law, the burden of proof is on the Government to establish by clear and convincing evidence that the property was subject to forfeiture; (2) any person claiming such property may at any time within 30 days from the date of the first publication of the notice of seizure file a claim with the appropriate customs officer, who shall transmit such claim to the U.S. attorney for the district in which seizure was made; and (3) if the person filing such claim (or a claim regarding seized property under any other provision of law that incorporates by reference the seizure, forfeiture, and condemnation procedures of the customs laws) is financially unable to obtain representation, the court may appoint counsel, subject to specified requirements.
Specifies that a claimant is entitled to immediate release of seized property if continued possession by the Government would cause the claimant substantial hardship, such as preventing the functioning of a business, preventing an individual from working, or leaving an individual homeless. Sets forth procedures regarding the request for release, return of property, and time for decision by the court on a complaint for such return.
Makes sums in the Department of Justice Assets Forfeiture Fund available for the payment of court-awarded compensation for representation of claimants under the Tariff Act, with respect to seizure claims by individuals financially unable to obtain representation of counsel.
Amends the Controlled Substances Act to provide that no conveyance shall be forfeited to the extent of an interest of an owner by reason of any act or omission established by that owner to have been committed or omitted either without the knowledge or without the consent of that owner. Specifies that property shall not be considered to have been used for a proscribed use without the knowledge or consent of the owner of an interest in that property if that owner was wilfully blind to, or has failed to take reasonable steps to prevent, the proscribed use.
