FAIR Act
- Last Action
- 10/19/2021
Actions
- 2021-10-19Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
- 2021-04-27Referred to the Subcommittee on Health.
- 2021-04-26Referred to the Subcommittee on Trade.
- 2021-04-26Referred 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.
- 2021-04-26Referred 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.
- 2021-04-26Referred 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.
- 2021-04-26Referred 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.
- 2021-04-26Introduced in House
- 2021-04-26Introduced in House
CRS Summary
As of 2021-04-26 (00)
Fifth Amendment Integrity Restoration Act of 2021 or the FAIR Act
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 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 facilitating property 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 Assets Forfeiture Fund.
Finally, the bill 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.
Cosponsors (20)
- Jamie Raskin (D-MD)
- Tom McClintock (R-CA)
- Tony Cárdenas (D-CA)
- BOBBY RUSH (D-IL)
- Kelly Armstrong (R-ND)
- Bill Posey (R-FL)
- A. McEachin (D-VA)
- Thomas Massie (R-KY)
- JANICE SCHAKOWSKY (D-IL)
- Jason Smith (R-MO)
- Scott Perry (R-PA)
- FRANK LUCAS (R-OK)
- Jackie Speier (D-CA)
- Louie Gohmert (R-TX)
- Guy Reschenthaler (R-PA)
- JERROLD NADLER (D-NY)
- David Cicilline (D-RI)
- Mark DeSaulnier (D-CA)
- Daniel Meuser (R-PA)
- Jim Jordan (R-OH)
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.