PRIA, Government Policy, Made Personal

Summary

The Attorney General can ask a judge, using the same steps as for a search warrant, to seize biological agents, toxins, or delivery systems that are tied to conduct banned by section 175 or that are of a type or amount with no clear peaceful use. In an emergency, such items can be seized and destroyed on probable cause without getting a warrant. Seized items may become property of the United States after people are given notice and a hearing. At that hearing the government must prove its case by a preponderance of the evidence. Customs forfeiture rules apply. The Attorney General may order destruction or other disposal. A person can avoid forfeiture by proving the item was for a preventive, protective, or other peaceful purpose and was a reasonable type and amount for that use.

Title 18, §176

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)In General.—

(1)Except as provided in paragraph (2), the Attorney General may request the issuance, in the same manner as provided for a search warrant, of a warrant authorizing the seizure of any biological agent, toxin, or delivery system that—

(A)pertains to conduct prohibited under section 175 of this title; or

(B)is of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes.

(2)In exigent circumstances, seizure and destruction of any biological agent, toxin, or delivery system described in subparagraphs (A) and (B) of paragraph (1) may be made upon probable cause without the necessity for a warrant.

(b)Procedure.—

Property seized pursuant to subsection (a) shall be forfeited to the United States after notice to potential claimants and an opportunity for a hearing. At such hearing, the Government shall bear the burden of persuasion by a preponderance of the evidence. Except as inconsistent herewith, the same procedures and provisions of law relating to a forfeiture under the customs laws shall extend to a seizure or forfeiture under this section. The Attorney General may provide for the destruction or other appropriate disposition of any biological agent, toxin, or delivery system seized and forfeited pursuant to this section.

(c)Affirmative Defense.—

It is an affirmative defense against a forfeiture under subsection (a)(1)(B) of this section that—

(1)such biological agent, toxin, or delivery system is for a prophylactic, protective, or other peaceful purpose; and

(2)such biological agent, toxin, or delivery system, is of a type and quantity reasonable for that purpose.

Editorial Notes

Amendments

2002—Subsec. (a)(1)(A). Pub. L. 107–188 substituted “pertains to” for “exists by reason of”. 1994—Subsec. (b). Pub. L. 103–322 substituted “the Government” for “the government”.

§176 Seizure, Forfeiture, and Destruction

Summary

Title 18, §176

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata