Relating to asset forfeiture proceedings under the Code of Criminal Procedure.
Impact
The bill specifically impacts laws governing asset forfeiture in Texas, changing the dynamics of how forfeiture is handled in relation to criminal cases. The provision suggesting that property could not be forfeited if related to an acquitted individual hinders law enforcement's ability to seize assets without a significant legal basis. This approach is considered a pivotal shift towards more equitable treatment of individuals whose property is subjected to investigation in connection with alleged criminal activity. The changes will apply only to offenses committed after the bill's effective date, maintaining previous laws for offenses that occurred earlier.
Summary
House Bill 1301 aims to amend the existing laws relating to asset forfeiture proceedings under the Texas Code of Criminal Procedure. A significant change proposed by this bill is the requirement of a final conviction for an underlying offense in order to claim forfeiture. This amendment intends to safeguard individuals from losing their property without a proper legal foundation and to ensure that acquittals and dismissals of cases will favor the property owner by dismissing forfeiture proceedings. Furthermore, the bill places a presumption that property related to an acquitted individual is non-forfeitable unless evidence suggests otherwise.
Contention
Notable points of contention surrounding HB 1301 include concerns from law enforcement agencies regarding their capacity to effectively combat crime when asset seizure procedures are alleviated. Critics may argue that the bill could potentially hinder their operations by establishing a more stringent process for forfeiture, which they believe is an important tool in deterring criminal activities. Proponents of the bill, however, argue this change is vital for protecting civil liberties and preventing unjust losses of property based solely on allegations rather than confirmed convictions.
Relating to civil asset forfeiture proceedings, to the seizure and forfeiture of certain property, and to the reporting and disposition of proceeds and property from civil asset forfeiture.