DUE PROCESS Act of 2017
Latest action. Referred to the subcommitteeA smaller panel inside a standing committee with jurisdiction over a slice of its subject matter. Most hearings and the first markup usually happen here.Read the full definition (opens a new tab) on Crime, Terrorism, Homeland Security, and Investigations.
DUE PROCESS Act of 2017 or the Deterring Undue Enforcement by Protecting Rights O f Citizens from Excessive Searches and Seizures Act of 2017
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 (DOJ) must: (1) annually audit federal civil forfeiture cases, and (2) establish a publicly available database with respect to seizures in such cases.
Finally, the bill amends the federal judicial code to authorize DOJ to use amounts from the DOJ Assets Forfeiture Fund to pay for costs associated with a seized animal, including transportation, shelter, care, veterinary services, and humane euthanasia.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on March 29, 2017. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on April 24, 2017: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 115th Congress (2017-18), 442 of the 11,421 bills and joint resolutions introduced became law, about 3.9 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
F. SENSENBRENNER (R-WI) introduced it on March 29, 2017, and 25 members have since signed on as cosponsors.
They come from both major parties: 14 Democrats, 11 Republicans.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on March 29, 2017, 3499 days ago. The most recent recorded action was 3473 days ago, on April 24, 2017.
Measures do not carry over. Anything the 115th Congress has not finished by January 3, 2019 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers