Bill > S263

This bill, known as the Fifth Amendment Integrity Restoration (FAIR) Act of 2025, seeks to significantly reform civil asset forfeiture laws to protect property owners' constitutional rights. The bill makes several key changes to federal law, including requiring judicial oversight for all property forfeitures, raising the standard of evidence from "preponderance of the evidence" to "clear and convincing evidence" for government seizures, and ensuring that property owners have a meaningful opportunity to contest seizures. It restricts federal agencies from conducting non-judicial (administrative) forfeitures, mandating that all forfeitures must go through a federal district court. The bill also changes how forfeited property proceeds are handled, directing them to the U.S. Treasury's General Fund instead of law enforcement agencies' budgets. Additionally, the bill introduces new protections for individuals accused of structuring financial transactions to avoid reporting requirements, including a requirement for a probable cause hearing within 14 days of property seizure. The legislation aims to prevent potential abuses of civil forfeiture, where law enforcement can seize property without necessarily proving criminal activity, and to ensure more due process protections for property owners.

Justice

https://www.congress.gov/bill/119th-congress/senate-bill/263/all-info