Legis Daily

FAIR Act of 2025

USA119th CongressS-263| Senate 
| Updated: 1/27/2025
Rand Paul

Rand Paul

Republican Senator

Kentucky

Cosponsors (8)
Mike Lee (Republican)Cynthia M. Lummis (Republican)Angus S. King (Independent)Chris Van Hollen (Democratic)Cory A. Booker (Democratic)Peter Welch (Democratic)Ron Wyden (Democratic)Mike Crapo (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This legislation aims to overhaul federal civil asset forfeiture procedures, significantly enhancing protections for property owners. It eliminaates nonjudicial forfeiture , mandating that all property forfeitures must now proceed through a judicial process in a United States district court, ensuring greater oversight and due process. The bill substantially increases the government's burden of proof in civil forfeiture cases to clear and convincing evidence for establishing a property's connection to an offense and the owner's intent or knowledge. It also shifts the burden to the government to prove a claimant is not an innocent owner and expands the right to court-appointed counsel for financially unable individuals. To remove financial incentives for law enforcement, the bill redirects all proceeds from forfeited property to the General Fund of the Treasury instead of allowing seizing agencies to retain these funds. It also amends laws related to structuring transactions, adding a "knowingly" standard for offenses and requiring a probable cause hearing within 14 days for related property seizures. Additionally, the legislation revises factors courts must consider for forfeiture proportionality, including offense seriousness and owner hardship, and mandates more detailed reporting on forfeiture funds, with these amendments applying to all civil forfeiture proceedings pending or filed after enactment, and to all amounts received from forfeiture thereafter.
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Timeline

Bill from Previous Congress

S 116-4074
FAIR Act

Bill from Previous Congress

S 116-3231
FAIR Act

Bill from Previous Congress

S 116-426
FAIR Act

Bill from Previous Congress

S 117-3518
FAIR Act

Bill from Previous Congress

S 117-561
FAIR Act

Bill from Previous Congress

S 118-5512
FAIR Act of 2024

Bill from Previous Congress

S 118-5420
FAIR Act

Bill from Previous Congress

S 118-3688
FAIR Act

Bill from Previous Congress

S 118-124
FAIR Act
Jan 23, 2025

Latest Companion Bill Action

HR 119-711
Introduced in House
Jan 27, 2025
Introduced in Senate
Jan 27, 2025
Read twice and referred to the Committee on the Judiciary.
  • Bill from Previous Congress

    S 116-4074
    FAIR Act


  • Bill from Previous Congress

    S 116-3231
    FAIR Act


  • Bill from Previous Congress

    S 116-426
    FAIR Act


  • Bill from Previous Congress

    S 117-3518
    FAIR Act


  • Bill from Previous Congress

    S 117-561
    FAIR Act


  • Bill from Previous Congress

    S 118-5512
    FAIR Act of 2024


  • Bill from Previous Congress

    S 118-5420
    FAIR Act


  • Bill from Previous Congress

    S 118-3688
    FAIR Act


  • Bill from Previous Congress

    S 118-124
    FAIR Act


  • January 23, 2025

    Latest Companion Bill Action

    HR 119-711
    Introduced in House


  • January 27, 2025
    Introduced in Senate


  • January 27, 2025
    Read twice and referred to the Committee on the Judiciary.

Crime and Law Enforcement

Administrative remediesCivil actions and liabilityCongressional oversightCriminal investigation, prosecution, interrogationCustoms enforcementDue process and equal protectionEvidence and witnessesGovernment trust fundsJudicial procedure and administrationLawyers and legal servicesLegal fees and court costsProperty rightsState and local government operations

FAIR Act of 2025

USA119th CongressS-263| Senate 
| Updated: 1/27/2025
This legislation aims to overhaul federal civil asset forfeiture procedures, significantly enhancing protections for property owners. It eliminaates nonjudicial forfeiture , mandating that all property forfeitures must now proceed through a judicial process in a United States district court, ensuring greater oversight and due process. The bill substantially increases the government's burden of proof in civil forfeiture cases to clear and convincing evidence for establishing a property's connection to an offense and the owner's intent or knowledge. It also shifts the burden to the government to prove a claimant is not an innocent owner and expands the right to court-appointed counsel for financially unable individuals. To remove financial incentives for law enforcement, the bill redirects all proceeds from forfeited property to the General Fund of the Treasury instead of allowing seizing agencies to retain these funds. It also amends laws related to structuring transactions, adding a "knowingly" standard for offenses and requiring a probable cause hearing within 14 days for related property seizures. Additionally, the legislation revises factors courts must consider for forfeiture proportionality, including offense seriousness and owner hardship, and mandates more detailed reporting on forfeiture funds, with these amendments applying to all civil forfeiture proceedings pending or filed after enactment, and to all amounts received from forfeiture thereafter.
View Full Text

Suggested Questions

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

Timeline

Bill from Previous Congress

S 116-4074
FAIR Act

Bill from Previous Congress

S 116-3231
FAIR Act

Bill from Previous Congress

S 116-426
FAIR Act

Bill from Previous Congress

S 117-3518
FAIR Act

Bill from Previous Congress

S 117-561
FAIR Act

Bill from Previous Congress

S 118-5512
FAIR Act of 2024

Bill from Previous Congress

S 118-5420
FAIR Act

Bill from Previous Congress

S 118-3688
FAIR Act

Bill from Previous Congress

S 118-124
FAIR Act
Jan 23, 2025

Latest Companion Bill Action

HR 119-711
Introduced in House
Jan 27, 2025
Introduced in Senate
Jan 27, 2025
Read twice and referred to the Committee on the Judiciary.
  • Bill from Previous Congress

    S 116-4074
    FAIR Act


  • Bill from Previous Congress

    S 116-3231
    FAIR Act


  • Bill from Previous Congress

    S 116-426
    FAIR Act


  • Bill from Previous Congress

    S 117-3518
    FAIR Act


  • Bill from Previous Congress

    S 117-561
    FAIR Act


  • Bill from Previous Congress

    S 118-5512
    FAIR Act of 2024


  • Bill from Previous Congress

    S 118-5420
    FAIR Act


  • Bill from Previous Congress

    S 118-3688
    FAIR Act


  • Bill from Previous Congress

    S 118-124
    FAIR Act


  • January 23, 2025

    Latest Companion Bill Action

    HR 119-711
    Introduced in House


  • January 27, 2025
    Introduced in Senate


  • January 27, 2025
    Read twice and referred to the Committee on the Judiciary.
Rand Paul

Rand Paul

Republican Senator

Kentucky

Cosponsors (8)
Mike Lee (Republican)Cynthia M. Lummis (Republican)Angus S. King (Independent)Chris Van Hollen (Democratic)Cory A. Booker (Democratic)Peter Welch (Democratic)Ron Wyden (Democratic)Mike Crapo (Republican)

Judiciary Committee

Crime and Law Enforcement

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative remediesCivil actions and liabilityCongressional oversightCriminal investigation, prosecution, interrogationCustoms enforcementDue process and equal protectionEvidence and witnessesGovernment trust fundsJudicial procedure and administrationLawyers and legal servicesLegal fees and court costsProperty rightsState and local government operations