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A bill to restore the integrity of the Fifth Amendment to the Constitution of the United States, and for other purposes.

USA115th CongressS-642| Senate 
| Updated: 3/15/2017
Rand Paul

Rand Paul

Republican Senator

Kentucky

Cosponsors (7)
Tom Udall (Democratic)Mike Lee (Republican)Angus S. King (Independent)Martin Heinrich (Democratic)Jeff Merkley (Democratic)Ron Wyden (Democratic)Mike Crapo (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Fifth Amendment Integrity Restoration Act of 2017 or the FAIR Act This bill modifies general rules governing civil forfeiture proceedings to: (1) ensure that a person contesting a civil forfeiture has legal representation without regard to whether the property subject to forfeiture is being used by such person as a primary residence; (2) increase the federal government's burden of proof in civil forfeiture proceedings to clear and convincing evidence; (3) require the government, in addition to showing a substantial connection between the seized property and an offense, to establish by clear and convincing evidence that the owner of any interest in the seized property used the property with intent to facilitate the offense or knowingly consented or was willfully blind to the use of the property by another in connection with the offense; and (4) expand the proportionality criteria used by a court to determine whether a civil forfeiture was constitutionally excessive. To remove incentives for carrying out civil forfeitures, the bill requires proceeds from the disposition of seized property to be deposited into the General Fund of the Treasury, rather than to Department of Justice accounts for law enforcement activities. The bill adds a mens rea requirement (i.e., a knowing violation) to the prohibition against structuring financial transactions to evade reporting requirements. A court shall conduct a probable cause hearing to determine if there is a violation of the prohibition against structuring transactions to evade reporting requirements involving a monetary instrument and to return such instrument if probable cause is not established.
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Timeline
Mar 15, 2017
Introduced in Senate
Mar 15, 2017
Read twice and referred to the Committee on the Judiciary.
Mar 31, 2017

Latest Companion Bill Action

HR 115-1555
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
  • March 15, 2017
    Introduced in Senate


  • March 15, 2017
    Read twice and referred to the Committee on the Judiciary.


  • March 31, 2017

    Latest Companion Bill Action

    HR 115-1555
    Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Crime and Law Enforcement

Related Bills

  • HR 115-1555: To restore the integrity of the Fifth Amendment to the Constitution of the United States, and for other purposes.
Civil actions and liabilityCongressional oversightCriminal investigation, prosecution, interrogationCriminal procedure and sentencingCurrencyCustoms enforcementDrug trafficking and controlled substancesEvidence and witnessesFraud offenses and financial crimesGovernment trust funds

A bill to restore the integrity of the Fifth Amendment to the Constitution of the United States, and for other purposes.

USA115th CongressS-642| Senate 
| Updated: 3/15/2017
Fifth Amendment Integrity Restoration Act of 2017 or the FAIR Act This bill modifies general rules governing civil forfeiture proceedings to: (1) ensure that a person contesting a civil forfeiture has legal representation without regard to whether the property subject to forfeiture is being used by such person as a primary residence; (2) increase the federal government's burden of proof in civil forfeiture proceedings to clear and convincing evidence; (3) require the government, in addition to showing a substantial connection between the seized property and an offense, to establish by clear and convincing evidence that the owner of any interest in the seized property used the property with intent to facilitate the offense or knowingly consented or was willfully blind to the use of the property by another in connection with the offense; and (4) expand the proportionality criteria used by a court to determine whether a civil forfeiture was constitutionally excessive. To remove incentives for carrying out civil forfeitures, the bill requires proceeds from the disposition of seized property to be deposited into the General Fund of the Treasury, rather than to Department of Justice accounts for law enforcement activities. The bill adds a mens rea requirement (i.e., a knowing violation) to the prohibition against structuring financial transactions to evade reporting requirements. A court shall conduct a probable cause hearing to determine if there is a violation of the prohibition against structuring transactions to evade reporting requirements involving a monetary instrument and to return such instrument if probable cause is not established.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Mar 15, 2017
Introduced in Senate
Mar 15, 2017
Read twice and referred to the Committee on the Judiciary.
Mar 31, 2017

Latest Companion Bill Action

HR 115-1555
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
  • March 15, 2017
    Introduced in Senate


  • March 15, 2017
    Read twice and referred to the Committee on the Judiciary.


  • March 31, 2017

    Latest Companion Bill Action

    HR 115-1555
    Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Rand Paul

Rand Paul

Republican Senator

Kentucky

Cosponsors (7)
Tom Udall (Democratic)Mike Lee (Republican)Angus S. King (Independent)Martin Heinrich (Democratic)Jeff Merkley (Democratic)Ron Wyden (Democratic)Mike Crapo (Republican)

Judiciary Committee

Crime and Law Enforcement

Related Bills

  • HR 115-1555: To restore the integrity of the Fifth Amendment to the Constitution of the United States, and for other purposes.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Civil actions and liabilityCongressional oversightCriminal investigation, prosecution, interrogationCriminal procedure and sentencingCurrencyCustoms enforcementDrug trafficking and controlled substancesEvidence and witnessesFraud offenses and financial crimesGovernment trust funds