1555 -- FAIR Act | Poliscope

FAIR Act

1555

115th Congress

Crime and Law Enforcement

In Committee

FAIR Act

Legislative Progress

✓

Introduced

Committee

Floor Vote

Other Chamber

Enacted

Introduced

March 15, 2017

Latest Action

March 31, 2017

Primary Sponsor

Tim WalbergRepublican(MI)

Momentum (last 30 days)

score

0 actions · 0 new cosponsors · 0 votes

Speed vs cohort

63pct

16d open

vs 7,393 other HR bills in the 115th — cohort avg 50d

Summary

Fifth Amendment Integrity Restoration Act of 2017 or the FAIR Act This bill modifies general rules governing civil forfeiture proceedings to: (1) ensure that a person contesting a civil forfeiture has legal representation without regard to whether the property subject to forfeiture is being used by such person as a primary residence; (2) increase the federal government's burden of proof in civil forfeiture proceedings to clear and convincing evidence; (3) require the government, in addition to showing a substantial connection between the seized property and an offense, to establish by clear and convincing evidence that the owner of any interest in the seized property used the property with intent to facilitate the offense or knowingly consented or was willfully blind to the use of the property by another in connection with the offense; and (4) expand the proportionality criteria used by a court to determine whether a civil forfeiture was constitutionally excessive. To remove incentives for carrying out civil forfeitures, the bill requires proceeds from the disposition of seized property to be deposited into the General Fund of the Treasury, rather than to Department of Justice accounts for law enforcement activities. The bill adds a mens rea requirement (i.e., a knowing violation) to the prohibition against structuring financial transactions to evade reporting requirements. A court shall conduct a probable cause hearing to determine if there is a violation of the prohibition against structuring transactions to evade reporting requirements involving a monetary instrument and to return such instrument if probable cause is not established.

Lobbying filings that explicitly cite this bill (36)

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Filing registrants (4)

ENDGAME STRATEGIES, LLC (8)AMERICAN CIVIL LIBERTIES UNION (9)NFIB (NATIONAL FEDERATION OF INDEPENDENT BUSINESS) (2)U.S. CHAMBER INSTITUTE FOR LEGAL REFORM (1)

INSTITUTE FOR JUSTICEclient→ENDGAME STRATEGIES, LLC

2018 · fourth_quarter · Civil Rights/Civil Liberties

Committee	Chamber	Activity	Date
Judiciary Committee	House	Referred to	March 15, 2017
Energy and Commerce Committee	House	Referred to	March 15, 2017
Financial Services Committee	House	Referred to	March 15, 2017
Ways and Means Committee	House

Name	Party	State
A. Donald McEachin	Democratic	VA
Alan S. Lowenthal	Democratic	CA
Alcee L. Hastings	Democratic	FL

FAIR Act

Summary

Lobbying filings that explicitly cite this bill (36)

Subjects (10)

Actions (4)

Committees

Text Versions

Cosponsors (55)

Related Bills (1)

Similar Bills (AI)