Texas 2023 - 88th Regular

Texas House Bill HB69

Filed
11/14/22  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the state's burden of proof in certain asset forfeiture proceedings under the Code of Criminal Procedure.

Impact

If enacted, HB 69 would significantly alter the process for asset forfeiture in Texas, offering greater safeguards for individuals whose property may be unjustly seized. The bill delineates specific circumstances under which a property owner's interest cannot be forfeited and emphasizes the necessity for the state to prove its allegations regarding ownership and culpability. This means that individuals who can establish they were not part of the offense leading to forfeiture, or that their property was used without consent, will have stronger defenses against asset seizure.

Summary

House Bill 69, introduced by Representative Shafer, seeks to amend existing laws related to asset forfeiture proceedings under the Texas Code of Criminal Procedure. The primary focus of this bill is to shift the burden of proof in such proceedings to the state, requiring them to demonstrate by clear and convincing evidence that certain exemptions do not apply to property being seized. This change aims to provide more protections for innocent property owners who may be unknowingly caught in criminal activities related to their assets.

Sentiment

The discussion surrounding HB 69 has generated a mix of support and opposition. Law enforcement representatives, such as those from the Dallas Police Department and the Texas Police Chiefs Association, have expressed concerns over the potential complications this bill could introduce to the enforcement of laws regarding contraband and seized assets. Conversely, advocacy groups like the Institute for Justice have backed the bill, emphasizing due process and the need to protect innocent property owners from wrongful forfeiture actions.

Contention

Notable points of contention include the balance between the state's ability to enforce laws against crime and the rights of innocent owners. Some legislators express apprehension that the new burden of proof could hinder law enforcement's effectiveness in addressing criminal enterprises. Others argue that the existing system is too lenient on state seizure practices and that increased protections are necessary to ensure fairness in asset forfeiture proceedings. The bill also specifies that the changes will only apply to forfeiture proceedings initiated after the law takes effect, which has further complicated the debate among stakeholders.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 59. Forfeiture Of Contraband
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB2458

Identical Relating to the state's burden of proof in certain asset forfeiture proceedings under the Code of Criminal Procedure.

Previously Filed As

TX HB1975

Relating to the state's burden of proof in certain asset forfeiture proceedings under the Code of Criminal Procedure.

TX HB155

Relating to the state's burden of proof in certain asset forfeiture proceedings under the Code of Criminal Procedure.

TX HB1615

Relating to the state's burden of proof in certain asset forfeiture proceedings under the Code of Criminal Procedure.

TX HB1441

Relating to the state's burden of proof in certain asset forfeiture proceedings under the Code of Criminal Procedure.

TX SB2458

Relating to the state's burden of proof in certain asset forfeiture proceedings under the Code of Criminal Procedure.

TX SB1714

Relating to the expenditure of proceeds and property from and the state's burden of proof in asset forfeiture proceedings under the Code of Criminal Procedure.

TX SB95

Relating to the state's burden of proof in certain criminal asset forfeiture proceedings.

TX HB1012

Relating to the state's burden of proof in certain criminal asset forfeiture proceedings.

TX SB793

Relating to criminal asset forfeiture proceedings and the seizure and forfeiture of certain property.

TX SB949

Relating to criminal asset forfeiture proceedings and the seizure and forfeiture of certain property.

Similar Bills

LA SB359

Provides for civil forfeiture reform. (8/1/22)

HI SB149

Relating To Property Forfeiture.

CA AB1317

Asset forfeiture: human trafficking.

HI HB1965

Relating To Property Forfeiture.

AZ HB2324

Forfeiture; digital assets; reserve fund

WV HB3234

Ban civil asset forfeiture unless person convicted

KS HB2606

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, requiring courts to make a finding that forfeiture is not excessive, restricting actions prior to commencement of forfeiture proceedings, requiring probable cause affidavit filing and review to commence proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence and authorizing courts to order payment of attorney fees and costs for certain claimants.

CA AB603

Asset forfeiture: human trafficking.