The DUE PROCESS Act of 2024 makes significant changes to how the government can seize and keep people's property through civil forfeiture—a legal process where law enforcement can take someone's money, car, house, or other belongings without necessarily charging them with a crime. This bill aims to give people more rights and protections when their property is seized.

Here's what changes: First, the government now has less time to act. Instead of 60 days to notify you that your property has been seized, they now have 30 days. If you want to challenge the seizure, you can request an initial hearing before a judge within 30 days of receiving notice, and that hearing must happen within 10 days of your request. The government also has only 90 days to file a forfeiture case or return your property. Second, the bill makes it harder for the government to keep your property. They now must prove their case using "clear and convincing evidence" (a higher standard than before) rather than just a "preponderance of the evidence." If the government claims your property was used in a crime, they must show a substantial connection between the property and the offense, and that you intentionally used it, knowingly allowed someone else to use it, or knew it was being used in a crime. Third, you have better access to a lawyer. If you can't afford one, you may qualify for free legal representation. The government also cannot freeze your assets to prevent you from hiring a lawyer of your choice.

Additionally, the bill requires the government to be more transparent. Federal agencies must now maintain public databases showing details about seizures—including what was taken, where, when, and what happened to it. The Justice Department's Inspector General must audit civil forfeitures to ensure they follow the Constitution and federal law. Finally, if you win your case or settle favorably, you can recover attorney's fees, and the government cannot reduce those fees through offsets or deductions. These changes apply only to seizures made after the bill becomes law.