1099 -- Restraining Excessive Seizure of Property through the Exploitation of Civil asset forfeiture Tools Act | Poliscope

Restraining Excessive Seizure of Property through the Exploitation of Civil asset forfeiture Tools Act

1099

116th Congress

Taxation

In Committee

Legislative Progress

✓

Introduced

Committee

Floor Vote

Other Chamber

Enacted

Introduced

April 9, 2019

Latest Action

April 9, 2019

Primary Sponsor

Tim ScottRepublican(SC)

Momentum (last 30 days)

score

0 actions · 0 new cosponsors · 0 votes

Speed vs cohort

0pct

0d open

vs 5,086 other S bills in the 116th — cohort avg 30d

Summary

Clyde-Hirsch-Sowers RESPECT Act or the Restraining Excessive Seizure of Property through the Exploitation of Civil Asset Forfeiture Tools Act This bill revises the authority and procedures that the Internal Revenue Service (IRS) uses to seize property that has been structured to avoid Bank Secrecy Act (BSA) reporting requirements. The IRS may only seize property it suspects has been structured to avoid BSA reporting requirements if the property was derived from an illegal source or the funds were structured to conceal the violation of a criminal law or regulation other than structuring transactions to evade BSA reporting requirements. Within 30 days of seizing property, the IRS must (1) make a good faith effort to find all owners of the property, and (2) notify the owners of the post-seizure hearing rights established by this bill. The IRS may apply to a court for one 30-day extension of the notice requirement if it can establish probable cause of an imminent threat to national security or personal safety. If the owner requests a court hearing within 30 days after notice is provided, the property must be returned unless the court holds a hearing within 30 days after notice is provided and finds that there is probable cause to believe that the property was derived from an illegal source or the funds were structured to conceal the violation of a criminal law or regulation other than a structuring violation. For tax purposes, the bill excludes from gross income any interest received from the federal government with respect to an action to recover property seized by the IRS pursuant to a claimed violation of the structuring provisions of the BSA.

Lobbying filings that explicitly cite this bill (3)

These links require the bill number to appear in the filing's source-reported specific issue text. Client expenses and lobbying-firm income are separate disclosure fields.

Filing registrants (1)

DUE PROCESS INSTITUTE (3)

DUE PROCESS INSTITUTEclient→DUE PROCESS INSTITUTE

2019 · fourth_quarter · Law Enforcement/Crime/Criminal Justice

Open original LDA filing ↗

Cited source text, amounts, lobbyists, and targets

supporting the funding and full implementation of First Step Act law; supporting prison reform generally including Pell grant eligibility via the REAL Act (H.R. 2168; S. 1074); supporting easing of federal laws that requires states to suspend drivers' licenses for minor drug offenses; mens rea reform; criminal discovery reform; abolition of prosecutorial immunity; prosecutorial ethics in general; overcriminalization; supporting Marijuana Opportunity Reinvestment and Expungement (MORE) Act (H.R. 3884); criminal enforcement of federal regulations; grand jury reform; Fourth Amendment warrant requirements; criminal and civil asset forfeiture reform including the FAIR Act (H.R. 1895), Restraining Excessive Seizure of Property through the Exploitation of Civil Asset Forfeiture Tools Act (H.R. 1219), The Clyde-Hirsch-Sowers RESPECT Act (H.R. 1219/S. 1099); endorsing acquitted conduct sentencing reform, including Prohibiting Punishment of Acquitted Conduct Act (S. 2566); and supporting clemency and pardons.