Texas House Bill HB667

Texas 2021 - 87th Regular

Caption

Relating to asset forfeiture proceedings under the Code of Criminal Procedure.

Impact

The primary impact of HB 667 is on the rights of property owners in Texas. It facilitates asset forfeiture by removing the necessity for a conviction prior to seizing property. This could potentially lead to more aggressive asset forfeiture practices by law enforcement, impacting individuals presumed innocent until proven guilty. The bill specifies that a court must dismiss a forfeiture proceeding if evidence of a dismissal or acquittal of the underlying offense is presented, introducing a level of protection for property owners in cases where charges do not lead to a conviction.

Summary

House Bill 667 relates to asset forfeiture proceedings under the Code of Criminal Procedure in Texas. The bill proposes a significant amendment to Article 59.05(d) of the Code of Criminal Procedure, stipulating that a final conviction for an underlying offense is not required for the forfeiture of property. This change aims to streamline the forfeiture process, allowing law enforcement more flexibility in seizing assets linked to criminal activities, even in the absence of a final conviction.

Contention

Notable points of contention surrounding HB 667 include concerns about due process rights for individuals whose property may be seized without a prior conviction. Critics argue that such measures could lead to abuses by law enforcement and infringe on citizens' rights. Advocates for reforming asset forfeiture laws suggest that existing laws should prioritize the protection of property rights and prevent exploitation based on the mere accusation of criminal activity. Overall, the discussion around HB 667 highlights the ongoing debate between law enforcement's need to combat crime effectively and individuals' rights to protect their property.