Texas Senate Bill SB156

Texas 2017 - 85th Regular

• Filed: 11/14/16

Caption

Relating to criminal asset forfeiture proceedings.

Impact

The bill impacts the legal framework that governs asset forfeitures in Texas, particularly regarding the burden of proof. By mandating a higher standard of evidence, SB156 is likely to offer greater protections for individuals whose properties are seized in connection with criminal investigations, thus ensuring a more equitable legal process. This could potentially reduce the number of unjust property seizures and foster clearer guidelines for law enforcement and attorneys involved in such cases.

Summary

SB156 relates to criminal asset forfeiture proceedings in Texas, specifically modifying how property forfeiture is contested in court. The bill requires that the state must prove by clear and convincing evidence that seized property was involved in or connected to criminal activity, emphasizing the rights of property owners in these proceedings. This change aims to reinforce the standards of proof required in forfeiture cases, shifting away from the previously less stringent standards which often led to disputes about the fairness of property seizures.

Contention

Debate surrounding SB156 often centers on the balance between law enforcement's ability to combat crime and the individual rights of property owners. Proponents argue that the higher burden of proof is necessary to prevent abuses associated with asset forfeiture, such as unjust financial penalties against individuals not convicted of crimes. Conversely, opponents raise concerns that these changes could hinder law enforcement efforts to effectively combat crime by complicating the forfeiture process for criminal assets, potentially reducing the tools available to authorities in their fight against illegal activities.