Comprehensive Forfeiture Act of 1984

Summary

Comprehensive Forfeiture Act of 1983 - Amends the Racketeer Influenced and Corrupt Organizations Statute (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; (2) real and tangible and intangible personal property; and (3) positions, offices, appointments and benefits obtained through illegal activity. Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers. Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced. Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be entered without notice to the affected party. Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Directs the Attorney General to establish regulations governing the restitution and disposition of forfeited property. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and remission. Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property. Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property. Establishes in the Treasury of the United States, the "Drug Assets Forfeiture Fund" and the "Customs Forfeiture Fund." Transfers the proceeds from the sale or other disposition of the forfeited property into these accounts. Grants law enforcement authority to customs agents.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 24 March 1983

   Introduced

   Read twice and referred to the Committee on Judiciary.

   Source: IntroReferral

2. 24 March 1983

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 15 April 1983

   Referred

   Referred to Subcommittee on Criminal Law.

   Source: Committee

4. 26 July 1983

   Reported

   Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

   Source: Committee

5. 4 August 1983

   Calendars

   Placed on Senate Legislative Calendar under General Orders. Calendar No. 350.

   Source: Calendars

6. 4 August 1983

   Reported

   Committee on Judiciary. Reported to Senate by Senator Thurmond with an amendment in the nature of a substitute. Without written report.

   Source: Committee

7. 4 August 1983

   Reported

   Committee on Judiciary. Reported to Senate by Senator Thurmond with an amendment in the nature of a substitute. Without written report.

   Source: Committee

8. 14 September 1983

   Floor

   Committee on Judiciary filed written report. Report No. 98-224.

   Source: Floor

9. 14 September 1983

   Committee

   Committee on Judiciary filed written report. Report No. 98-224.

   Source: Committee

10. 3 February 1984

    Floor

    Measure laid before Senate by unanimous consent.

    Source: Floor

11. 3 February 1984

    Passed

    Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.

    Source: Floor

12. 7 February 1984

    Introduced

    Referred to House Committee on Energy and Commerce.

    Source: IntroReferral

13. 9 February 1984

    Referred

    Referred to Subcommittee on Health and the Environment.

    Source: Committee

14. 14 February 1984

    Referred

    Referred to Subcommittee on Crime.

    Source: Committee

15. 12 October 1984

    Committee

    See H.J.Res.648.

    Source: Committee

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

3 official files

• Passed Senate amended

  summary · EN · 3 February 1984

  Open at official source

• Reported to Senate with amendment(s)

  summary · EN · 4 August 1983

  Open at official source

• Introduced in Senate

  summary · EN · 24 March 1983

  Open at official source

Sponsors

• Sen. Biden, Joseph R., Jr. [D-DE] · D · Sponsor
• Sen. Thurmond, Strom [R-SC] · R · Sponsor
• Sen. Baker, Howard H., Jr. [R-TN] · R · Sponsor
• Sen. Nunn, Sam [D-GA] · D · Sponsor
• Sen. Laxalt, Paul D. [R-NV] · R · Sponsor
• Sen. Leahy, Patrick J. [D-VT] · D · Sponsor
• Sen. Chiles, Lawton [D-FL] · D · Cosponsor
• Sen. Kennedy, Edward M. [D-MA] · D · Cosponsor
• Sen. Hollings, Ernest F. [D-SC] · D · Cosponsor
• Sen. Hawkins, Paula [R-FL] · R · Cosponsor
• Rep. Andrews, Mark [R-ND-At Large] · R · Cosponsor
• Sen. Garn, E. J. (Jake) [R-UT] · R · Cosponsor
• Rep. Cochran, Thad [R-MS-4] · R · Cosponsor
• Sen. Heinz, John [R-PA] · R · Cosponsor
• Sen. Huddleston, Walter (Dee) [D-KY] · D · Cosponsor
• Sen. Hatch, Orrin G. [R-UT] · R · Cosponsor
• Sen. Nickles, Don [R-OK] · R · Cosponsor
• · hswm00 · Standing
• · hsju00 · Standing
• · hsif00 · Standing
• · ssju00 · Standing

Related records

• related to → A joint resolution making continuing appropriations for the fiscal year 1985, and for other purposes.