Texas 2023 - 88th Regular

Texas House Bill HB2992

Filed
2/28/23  
Out of House Committee
5/2/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

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.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 59. Forfeiture Of Contraband
    • Section: New Section
    • Section: 061
    • Section: New Section
    • Section: 061

Companion Bills

TX SB665

Identical Relating to the tracking, reporting, and disposition of proceeds and property from asset forfeiture proceedings under the Code of Criminal Procedure.

Similar Bills

HI HB126

Relating To Property Forfeiture.

HI SB320

Relating To Property Forfeiture.

HI SB722

Relating To Property Forfeiture.

TX SB839

Relating to asset forfeiture under the Code of Criminal Procedure.

TX SB665

Relating to the tracking, reporting, and disposition of proceeds and property from asset forfeiture proceedings under the Code of Criminal Procedure.

TX HB916

Relating to the tracking, reporting, and disposition of proceeds and property from asset forfeiture proceedings under the Code of Criminal Procedure.

RI H5363

Prohibits civil asset forfeiture regarding violations of the controlled substances laws until a criminal conviction is obtained.

AZ HB2102

Anti-racketeering revolving fund; prohibited transfers