SB263
SB263: Amending 18 U.S.C. § 983, General rules for civil forfeiture proceedings. As to the permissive appointment of counsel for persons with standing to contest the forfeiture, slightly broadening the discretionary appointment. Currently, the court may appoint counsel if the person with standing to contest the forfeiture is “financially unable to obtain representation by counsel, and the person is represented by counsel appointed … in connection with a related criminal case.” The bill would remove the requirement that the person be represented by appointed counsel in the underlying criminal matter, allowing appointment if either the person is financially unable to obtain representation OR the cost of representation would exceed the value of the property. The bill would make other amendments as well, such as raising the government’s burden of proof from preponderance of the evidence to “clear and convincing.”
Bill Status: Active
Last action (on 01/27/2025): Read twice and referred to the Committee on the Judiciary.
