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Version 00 · Introduced in House · May 19, 2016
DUE PROCESS Act of 2016 or the Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2016
This bill amends the federal criminal code to revise provisions related to federal civil forfeiture cases. Specifically, the bill:
raises the evidentiary standard in such cases from "preponderance of the evidence" to "clear and convincing evidence";
with respect to property owners who are indigent, provides for the appointment of counsel;
provides for recovery of attorney's fees with respect to settled claims in which the claimant prevails;
adds notice requirements; and
expedites and otherwise modifies certain procedures.
The Department of Justice must: (1) annually audit federal civil forfeiture cases, and (2) establish a publicly available database with respect to seizures in such cases.
People & committees
Rep. Sensenbrenner, F. James, Jr. [R-WI-5] · R–WI
Legislative record
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Placed on the Union Calendar, Calendar No. 702.
Committee on Energy and Commerce discharged.
Committee on Energy and Commerce discharged.
Committee on Financial Services discharged.
Committee on Financial Services discharged.
Reported (Amended) by the Committee on Judiciary. H. Rept. 114-892, Part I.
Reported (Amended) by the Committee on Judiciary. H. Rept. 114-892, Part I.
Ordered to be Reported (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Referred to the Committee on the Judiciary, and in addition to the Committees on Financial Services, and Energy and Commerce, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Financial Services, and Energy and Commerce, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Financial Services, and Energy and Commerce, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Financial Services, and Energy and Commerce, 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.
Introduced in House
Introduced in House
Primary sources
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Source last updated: Dec 5, 2025. Consult Congress.gov for the current record.
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Analyze H.R.5283 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.
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