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HOUSE 1525118th CongressCommittee Consideration and Mark-up Session Held

FAIR Act of 2023

Last Action
6/14/2023

Actions

  • 2023-06-14Committee Consideration and Mark-up Session Held
  • 2023-06-14Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 26 - 0.
  • 2023-03-17Referred to the Subcommittee on Health.
  • 2023-03-09Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
  • 2023-03-09Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
  • 2023-03-09Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
  • 2023-03-09Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
  • 2023-03-09Introduced in House
  • 2023-03-09Introduced in House

CRS Summary

As of 2023-03-09 (00)

Fifth Amendment Integrity Restoration Act of 2023 or the FAIR Act of 2023

This bill revises federal laws governing civil asset forfeiture.

Specifically, the bill makes various changes to the general rules governing civil forfeiture proceedings. Among the changes, the bill

  • requires counsel for an indigent property owner whose primary residence is the subject of a civil forfeiture hearing regardless of whether the owner requests counsel,
  • raises the evidentiary standard from preponderance of the evidence to clear and convincing evidence, and
  • sets forth factors courts must consider in determining whether a forfeiture of property used to facilitate the commission of an offense is excessive.

Additionally, the bill eliminates statutory authority for equitable sharing and directs forfeiture proceeds to be deposited into the general fund of the Treasury instead of the Department of Justice (DOJ) Assets Forfeiture Fund.

The bill also makes changes with respect to the civil forfeiture of money involved in structuring offenses (i.e., structuring currency transactions to evade currency reporting requirements). Among the changes, the bill

  • specifies an evidentiary standard of knowingly for structuring offenses, and
  • requires a prompt probable cause hearing following the seizure of money involved in a structuring offense.

Finally, the bill requires the annual report on deposits into the DOJ Asset Forfeiture Fund to specify deposits from each type of forfeiture and specify which funds were obtained from criminal forfeitures and which were obtained from civil forfeitures.

Cosponsors (18)

  • Jamie Raskin (D-MD)
  • Tom McClintock (R-CA)
  • Joe Neguse (D-CO)
  • Kelly Armstrong (R-ND)
  • Tony Cárdenas (D-CA)
  • Steve Cohen (D-TN)
  • ELEANOR NORTON (D-DC)
  • Mary Scanlon (D-PA)
  • Nancy Mace (R-SC)
  • Gary Palmer (R-AL)
  • Andrew Clyde (R-GA)
  • Ben Cline (R-VA)
  • Russell Fry (R-SC)
  • Henry Johnson (D-GA)
  • Warren Davidson (R-OH)
  • SHEILA JACKSON LEE (D-TX)
  • Paul Gosar (R-AZ)
  • ADAM SCHIFF (D-CA)

Subjects

  • Administrative remedies
  • Civil actions and liability
  • Congressional oversight
  • Criminal investigation, prosecution, interrogation
  • Customs enforcement
  • Due process and equal protection
  • Evidence and witnesses
  • Government trust funds
  • Judicial procedure and administration
  • Lawyers and legal services
  • Legal fees and court costs
  • Property rights
  • State and local government operations
Read on Congress.gov

Sourced from Congress.gov (public domain).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.