Texas House Bill HB2936

Texas 2025 - 89th Regular

• Filed: 2/18/25

Caption

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

Impact

The modifications proposed in HB 2936 would specifically alter how courts handle asset forfeiture cases. Previously, a conviction for the underlying offense was not a prerequisite for forfeiture, which could lead to property being taken before a full legal determination was made. With the introduction of this bill, a final conviction becomes essential, thus demanding higher standards for evidence in forfeiture proceedings. This could lead to a decrease in the number of assets seized by the state, promoting a fair treatment of individuals facing forfeiture based on accusations rather than proven convictions.

Summary

House Bill 2936, introduced by Representative Dutton, addresses asset forfeiture proceedings under the Code of Criminal Procedure in Texas. The bill aims to amend existing laws to ensure that in any forfeiture proceeding, the state attorney can only present evidence that would be admissible in a criminal prosecution based on the same underlying offense. This change reinforces the principle of ensuring that the legal standards for evidence fairness are upheld in asset forfeiture cases, thereby potentially protecting property owners from unjust forfeiture actions resulting from insufficient evidence.

Contention

One notable point of contention surrounding HB 2936 revolves around the balance between law enforcement's ability to combat crime and safeguarding individual rights. Supporters of the bill argue that it is a necessary reform to prevent potential abuses of power regarding asset seizure without due process. Conversely, critics may express concerns that such protections could hinder law enforcement efforts to confiscate assets related to serious criminal activities, thereby creating a conflicting dynamic in public safety versus individual property rights.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

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