Sponsors (9)
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Amends 28 U.S.C. 524(c)(6)(A)(i) by inserting additional language after the specified text; the text to be inserted is not provided in this section.
Amends 18 U.S.C. 983: modifies notice timing and duties (including 7-day determination/notice requirements), revises counsel-eligibility language, raises burden of proof for forfeiture to 'clear and convincing evidence', specifies standards for property nexus and owner culpability, replaces references to a 'declaration' with an 'order' and adds a 6-month deadline to commence certain proceedings, updates cross-references, and adds subsection (k) prohibiting Federal nonjudicial forfeitures and defining 'nonjudicial forfeiture'.
Makes targeted amendments to section 5324 by inserting text in subsection (a) (in the matter preceding paragraph (1) and in paragraph (3)), subsection (b) (in the matter preceding paragraph (1)), and subsection (c) (in the matter preceding paragraph (1)).
Adds a new subsection (d) to section 5317 establishing a probable cause hearing requirement for property seized or restrained under subsection (c)(2) with respect to alleged violations of section 5324: a hearing must be conducted within 14 days of notice, property must be returned unless the court finds probable cause, and persons from whom property is seized or restrained must be notified of the right to such a hearing.
Revises subsection (e) by removing and redesignating subparagraphs within paragraph (1), updating cross‑references to use the redesignated paragraph/subparagraph numbering, replacing a reference to disposition under section 524(c) of title 28 with a reference to the General Fund of the Treasury of the United States, striking paragraph (3), and redesignating paragraph (4) as paragraph (3).
Revises subsection (e) by replacing text beginning at 'is authorized' through a following clause with 'or forfeiture of the property;', redesignating paragraphs (3)–(7) as (1)–(5), removing specified sentences in the matter following the redesignated paragraph (5), and updating cross‑references to refer to the newly numbered paragraphs.
Modifies section 613A(a) by adjusting punctuation in subparagraphs, striking subparagraph (F) of paragraph (1), changing the labeling/format of paragraph (2) by removing a leading '(A)' from 'Any payment', and striking subparagraph (B) of paragraph (2).
Alters the provision at section 616 by changing the section heading text, removing a parenthetical prefix from subsection (a)'s opening (striking '(a) The Secretary' and inserting 'The Secretary'), and striking subsections (b) through (d).
Amends section 9705 by striking subparagraph (G) of subsection (a)(1) and redesignating former subparagraphs (H)–(J) as (G)–(I), and by striking paragraphs (2) and (4) of subsection (b) and redesignating paragraphs (3) and (5) as paragraphs (2) and (3), respectively.
Strikes subparagraphs (A) and (B) of 28 U.S.C. 524(c)(4) and redesignates subparagraphs (C) and (D) as subparagraphs (A) and (B), respectively.
Changes civil forfeiture law by raising proof standards, banning administrative (nonjudicial) federal forfeitures, and creating tighter notice, timing, and hearing rules so property can be forfeited only through federal district court. It requires a court to consider listed factors when deciding forfeiture, directs some forfeiture proceeds to the Treasury, and applies these rules to proceedings and forfeited funds from the date the law is enacted. Also requires a prompt (within 14 days) judicial hearing and return of property unless the court finds probable cause for seizures tied to structuring to evade reporting requirements, makes technical edits across several criminal and customs statutes, and adds an unspecified reporting requirement in the federal code.
Amends Section 983 of title 18, U.S. Code (civil forfeiture) to add a rule for notice when identity or interest of a party is determined after seizure: if identity/interest is not determined until after seizure or turnover but is determined before a declaration of forfeiture is entered, the Government must determine the identity and address within 7 days after the seizure or turnover, and must send notice to that interested party not later than 7 days after that determination.
Strikes paragraph (2) of subsection (a) and redesignates paragraphs (3) and (4) as paragraphs (2) and (3); in paragraph (2)(A) changes wording and in paragraph (2)(A) replaces the phrase "after a claim has been filed" with "after the date of the seizure." (Edits to paragraph numbering and the explicit replacement of the phrase are stated in the text.)
In subsection (b)(1)(A), provides that if a person with standing to contest forfeiture is financially unable to obtain counsel or the cost of representation would exceed the value of the seized property, certain (counsel-related) provisions apply (text amended to list these two conditions).
In subsection (b)(2)(A) replaces the phrase "in a judicial civil forfeiture proceeding" with "in a civil forfeiture proceeding" and makes related wording adjustments (also changes a verb from "insure" to "ensure").
Replaces the standard of proof in subsection (c) paragraphs (1) and (2): where the text previously required a "preponderance of the evidence," the Government must now prove certain forfeiture elements by "clear and convincing evidence."
Primary affected parties include people whose property is seized, federal law enforcement and prosecutors, federal courts, and entities that previously received forfeiture proceeds. Individuals facing forfeiture gain stronger protections: clearer notice, a higher government proof standard, and an early hearing right for structuring-related seizures. Federal law enforcement and prosecutors must file and litigate forfeiture cases in district court rather than using administrative processes, meet a higher proof standard in key disputes, and comply with new timing and notice duties — this will likely increase litigation and require more prosecutorial and court resources. Courts will see increased caseloads from forfeiture matters and must apply the new statutory factors and evidentiary standards. Redirecting some forfeiture receipts to the Treasury General Fund reduces or changes the flow of funds that previously supported law-enforcement uses or sharing arrangements, which could decrease financial incentives tied to seizures for some state or local partners. The 14-day hearing rule for structuring seizures is designed to speed resolution and protect owners from prolonged deprivation of property, but agencies will need to adopt new procedures to meet the deadline. Because a reporting amendment is included but not specified in the provided text, further administrative compliance obligations may follow once the final reporting language is known. Overall, the changes strengthen owner protections, shift enforcement from administrative to judicial settings, and alter financial incentives tied to forfeiture receipts.
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Read twice and referred to the Committee on the Judiciary.
Introduced January 27, 2025 by Rand Paul · Last progress January 27, 2025
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate