Texas House Bill HB182

Texas 2019 - 86th Regular

Caption

Relating to criminal asset forfeiture proceedings.

Impact

Another notable aspect of HB182 is its restrictions on the transfer of forfeitable property to federal authorities. The bill stipulates that law enforcement agencies cannot directly or indirectly transfer seized property to federal entities unless specific conditions are met, which include the value of the property exceeding $50,000 and a determination by the state attorney that an interstate nexus necessitates federal involvement. This change aims to limit potential abuses in asset forfeiture and maintain greater state control over such proceedings.

Summary

House Bill 182 addresses the procedures surrounding criminal asset forfeiture in Texas. This bill proposes significant amendments to the Code of Criminal Procedure, specifically Article 59, which governs asset forfeiture cases. One of the key changes includes raising the burden of proof required for the state to demonstrate that property is subject to forfeiture from a 'preponderance of the evidence' to 'clear and convincing evidence'. This shift seeks to enhance the protection of property owners and ensure that the state meets a higher standard before seizing assets related to criminal activities.

Contention

The bill has sparked a discussion regarding the balance between effective law enforcement and the rights of property owners. Proponents argue that these measures strengthen individual rights and curb potential overreach by law enforcement regarding asset seizures. Conversely, opponents fear that the heightened burden of proof may impair the ability of law enforcement to act decisively against organized crime and drug trafficking. Additionally, the restrictions on federal transfers could complicate collaborative law enforcement efforts, particularly in cases involving significant assets tied to complex criminal enterprises.