About the bill
The Civil Asset Forfeiture Reform Act of 2014 seeks to strengthen personal property rights under the Fifth Amendment and ensure due process of law by reforming civil asset forfeiture laws. Under current law, agencies like the Internal Revenue Service (IRS) and Department of Justice (DoJ) may take property suspected to be in connection with a crime without charging the property owner of a crime.
Congressman Tim Walberg [R-MI7] introduced the bill “to restore the balance of power away from the government and back to protecting individual rights and due process.” The bill is supported by the group Americans for Forfeiture Reform.
The bill raises the burden of proof for determining a forfeiture from a “preponderance of the evidence” to “clear and convincing evidence,” requiring the government to have more concrete …
Sponsor and status
Tim Walberg
Sponsor. Representative for Michigan's 7th congressional district. Republican.
113th Congress (2013–2015)
This bill was introduced on July 28, 2014, in a previous session of Congress, but it did not receive a vote.
Although this bill was not enacted, its provisions could have become law by being included in another bill. It is common for legislative text to be introduced concurrently in multiple bills (called companion bills), re-introduced in subsequent sessions of Congress in new bills, or added to larger bills (sometimes called omnibus bills).
20 Cosponsors (15 Republicans, 5 Democrats)
Position statements
What legislators are saying
“Thomson Reuters | IRS clarifies its position on civil forfeitures in uncharged structuring cases”
—
Rep. Tim Walberg [R-MI5]
(Sponsor)
on Oct 29, 2014
“Hillsdale: Walberg introduces legislation to reform civil asset forfeiture laws”
—
Rep. Tim Walberg [R-MI5]
(Sponsor)
on Oct 28, 2014
“Walberg Introduces Legislation to Protect Property Owners”
—
Rep. Tim Walberg [R-MI5]
(Sponsor)
on Jul 28, 2014
History
Jul 28, 2014
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Introduced
Bills and resolutions are referred to committees which debate the bill before possibly sending it on to the whole chamber. |
H.R. 5212 (113th) was a bill in the United States Congress.
A bill must be passed by both the House and Senate in identical form and then be signed by the President to become law.
Bills numbers restart every two years. That means there are other bills with the number H.R. 5212. This is the one from the 113th Congress.
This bill was introduced in the 113th Congress, which met from Jan 3, 2013 to Jan 2, 2015. Legislation not passed by the end of a Congress is cleared from the books.
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“H.R. 5212 — 113th Congress: Civil Asset Forfeiture Reform Act of 2014.” www.GovTrack.us. 2014. March 24, 2023 <https://www.govtrack.us/congress/bills/113/hr5212>
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