Texas House Bill HB3548

Texas 2009 - 81st Regular

Caption

Relating to the forfeiture of certain contraband and an affirmative defense to that forfeiture.

Impact

The changes outlined in HB3548 are significant as they directly relate to how forfeiture proceedings will be executed going forward. For example, if property is seized as contraband in connection to specific offenses, the bill mandates that the attorney representing the state is responsible for selling the forfeited property and directing the proceeds appropriately. These measures aim to streamline the process and clarify the legal responsibilities of state representatives as well as local authorities involved in forfeiture actions.

Summary

House Bill 3548 proposes amendments to the Code of Criminal Procedure regarding the forfeiture of certain contraband and introduces an affirmative defense against such forfeitures. Specifically, the bill modifies the definitions surrounding contraband and delineates the processes by which forfeited property is to be dealt with, ensuring that any proceeds from such forfeitures contribute to respective funds such as the sexual assault program fund. This reflects an intent to ensure that efforts against crime also support public welfare initiatives.

Contention

One notable aspect of HB3548 is the introduction of an affirmative defense mechanism for individuals whose property is forfeited. If a spouse can demonstrate that they were not involved in the offense and that the forfeiture would result in unusual economic hardship, they may successfully contest the forfeiture of community property such as a motor vehicle. This inclusion may generate debate among lawmakers and advocates about property rights and the balance between criminal enforcement and individual rights. Advocates for property rights may support this defense as a necessary safeguard, while critics may argue it complicates law enforcement's ability to combat crime effectively.