Page:United States Statutes at Large Volume 114 Part 1.djvu/246

 114 STAT. 210 PUBLIC LAW 106-185—APR. 25, 2000 of the evidence at a hearing conducted by the court without a jury. "(4) If the court finds that the forfeiture is grossly disproportional to the offense it shall reduce or eliminate the forfeiture as necessary to avoid a violation of the Excessive Fines Clause of the Eighth Amendment of the Constitution. "(h) CIVIL FINE.— "(1) In any civil forfeiture proceeding under a civil forfeiture statute in which the Government prevails, if the court finds that the claimant's assertion of an interest in the property was frivolous, the court may impose a civil fine on the claimant of an amount equal to 10 percent of the value of the forfeited property, but in no event shall the fine be less than $250 or greater than $5,000. "(2) Any civil fine imposed under this subsection shall not preclude the court from imposing sanctions under rule 11 of the Federal Rules of Civil Procedure. "(3) In addition to the limitations of section 1915 of title 28, United States Code, in no event shall a prisoner file a claim under a civil forfeiture statute or appeal a judgment in a civil action or proceeding based on a civil forfeiture statute if the prisoner has, on three or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous or malicious, unless the prisoner shows extraordinary and exceptional circumstances. "(i) CIVIL FORFEITURE STATUTE DEFINED. — In this section, the term 'civil forfeiture statute'— "(1) means any provision of Federal law providing for the forfeiture of property other than as a sentence imposed upon conviction of a criminal offense; and "(2) does not include— "(A) the Tariff Act of 1930 or any other provision of law codified in title 19; "(B) the Internal Revenue Code of 1986; "(C) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); "(D) the Trading with the Enemy Act (50 U.S.C. App. 1 et seQ.)* or "(EJ section 1 of title VI of the Act of June 15, 1917 (40 Stat. 233; 22 U.S.C. 401).". (b) TECHNICAL AND CONFORMING AMENDMENT.— The analysis for chapter 46 of title 18, United States Code, is amended by inserting after the item relating to section 982 the following: "983. General rules for civil forfeiture proceedings.". (c) STRIKING SUPERSEDED PROVISIONS.— (1) CIVIL FORFEITURE.— Section 981(a) of title 18, United States Code, is amended— (A) in paragraph (1), by striking "Except as provided in paragraph (2), the" and inserting "The"; and (B) by striking paragraph (2). (2) DRUG FORFEITURES. —Paragraphs (4), (6), and (7) of section 511(a) of the Controlled Substances Act (21 U.S.C. 881(a)(4), (6), and (7)) are each amended by striking ", except that" and all that follows before the period at the end. (3) AUTOMOBILES. — Section 518 of the Controlled Substances Act (21 U.S.C. 888) is repealed.

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