CIVIL ASSET FORFEITURE REFORM ACT: OVERVIEW OF S. 1931 AND H.R. 1658, 106TH CONGRESS (CRS Report for Congress)
Premium Purchase PDF for $24.95 (16 pages)
add to cart or
subscribe for unlimited access
Pro Premium subscribers have free access to our full library of CRS reports.
Subscribe today, or
request a demo to learn more.
| Release Date |
March 29, 2000 |
| Report Number |
RL30237 |
| Report Type |
Report |
| Authors |
Paul S. Wallace, Jr., American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
Difficulties still persist for the innocent-third-party who tries to justify his/her rights in seized
property
due to its association with criminal conduct. On May 4, 1999, Representative Henry Hyde introduced
H.R. 1658 (Civil Asset Forfeiture Reform Act) which, among other purposes, is
designed to provide a more uniform procedure for Federal civil forfeitures. As reported out of the
House Committee on the Judiciary on June 18, 1999, the bill's main effect would provide greater
safeguards for property owners and make the Government's job of justifying the seizure more
difficult. Among other things, it would (1) provide several protections for people at risk of having
their assets seized; (2) place the burden of proof in civil forfeiture proceedings upon the government;
(3) allow for the provision of counsel to the indigent; (4) allow for the pre-adjudication return of
property to owners upon a showing of hardship; (5) eliminate the cost bond requirement; (6) creates
a uniform innocent owner defense; (7) allow property owners adequate time to challenge a seizure;
and (8) allow property owners to sue the government for the negligent damage or destruction of their
property.
On June 24, 1999, the House passed H.R. 1658 (Hyde-Conyers civil forfeiture
reform bill) by a vote of 375-48. On June 28, 1999, the measure was referred to the Senate Judiciary
Committee.
Following the incorporation of some of the provisions in S. 1701 , S. 1931 amended H.R. 1658 which passed the Senate Judiciary Committee by a voice vote
on March 23, 2000. The full Senate passed the compromise version of H.R. 1658 by
voice vote on March 27, 2000.
