Civil Forfeiture Reform. Under "civil forfeiture," the government seizes property which officials believe is used in the commission of a crime, oftentimes without the property owner being charged with a crime. Existing federal civil forfeiture law makes clear that property owners must bear the burden of proof that their property was not used in the commission of a crime. A measure, introduced by Representative Henry Hyde (R-IL), would curb excesses in federal civil forfeiture takings of property. The Hyde legislation would reverse the burden of proof and require of the government "clear and convincing evidence" that the property was used in the commission of a crime. It also contains an "innocent owner defense" for property owners who were unaware that their property was being used in the commission of crimes.
Rep. Hyde’s measure, H.R. 1658, passed the House on June 24, 1999 by a vote of 375-48 (Roll Call 255). We have assigned pluses to the yeas.
