Relating to asset forfeiture under the Code of Criminal Procedure.
Impact
The bill proposes substantial changes to Chapter 59 of the Code of Criminal Procedure, specifically concerning asset forfeiture. With the addition of new articles, agencies are required to disclose detailed information about seized properties, the estimated value of assets, and the nature of the alleged offenses. Furthermore, property valued at less than $10,000 is exempt from forfeiture under these regulations, protecting lower-value assets from being seized. The changes are significant as they shift the handling of forfeiture cases toward increased transparency and accountability, while also aiming to balance the interests of law enforcement and the rights of property owners.
Summary
House Bill 2992 focuses on enhancing transparency within the civil asset forfeiture process in Texas. It mandates that law enforcement agencies report how they acquired forfeited proceeds to the attorney general. This increased scrutiny aims to provide a clearer picture of how asset forfeiture is implemented and can help hold agencies accountable. The bill fosters public awareness about the civil asset forfeiture operations by promoting a centralized case tracking system managed by the attorney general's office.
Sentiment
The sentiment surrounding HB 2992 is notably bipartisan, with supporters hailing it as an essential step toward civil liberties protection and governmental accountability. Organizations like the Institute for Justice back the initiative, emphasizing the need for public access to information regarding law enforcement actions. However, not all feedback has been favorable; opposition comes from certain law enforcement representatives who argue that the bill may undermine their operations or create bureaucratic hurdles. This divide hints at the complexity involved in reforming asset forfeiture policies.
Contention
Some of the notable points of contention regarding HB 2992 pertain to the proposed shift from civil to criminal forfeiture, which has raised concerns about the potential implications for law enforcement capabilities and funding models. Opponents fear that increased reporting requirements might hinder law enforcement efficiency, while proponents argue that the benefits of transparency outweigh these concerns. The debate illustrates the ongoing tension between ensuring public oversight of law enforcement practices and maintaining effective criminal justice operations.
Identical
Relating to the tracking, reporting, and disposition of proceeds and property from asset forfeiture proceedings under the Code of Criminal Procedure.
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.
Requiring a criminal conviction for civil asset forfeiture, remitting proceeds from civil asset forfeiture to the state general fund, increasing the burden of proof required to forfeit property, making certain property ineligible for forfeiture, providing persons involved in forfeiture proceedings representation by counsel and the ability to demand a jury trial and allowing a person to request a hearing on whether forfeiture is excessive.
Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, providing limitations on state and local law enforcement agency requests for federal adoption of a seizure under the act, requiring probable cause affidavit filing and review to commence forfeiture proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence, authorizing courts to order payment of attorney fees and costs for certain claimants and requiring the Kansas bureau of investigation to submit forfeiture fund financial reports to the legislature.