Relating to certain civil consequences of engaging in organized crime.
Impact
The new provisions under SB371 signify a shift in the power dynamic regarding property forfeiture in cases involving organized crime. The adjustments clarify that the forfeiture processes apply only to offenses committed after the legislation takes effect, which is set for September 1, 2009. This separation of offenses based on the timing of their occurrence ensures that previous cases will fall under the laws that were in effect at the time they occurred, thereby not retroactively impacting existing laws which could raise legal concerns.
Summary
SB371 introduces significant amendments to the Texas Code of Criminal Procedure, specifically addressing the civil consequences associated with engaging in organized crime. One of the core elements of this bill is the expansion of the definition of 'contraband' and the circumstances under which property can be forfeited. By adding Article 59.011, the bill enables state attorneys to proceed with forfeiture actions under specified conditions, which impacts how property used in organized crime can be treated under Texas law.
Contention
Although the bill aims to enhance the state's ability to combat organized crime through effective legal measures for property forfeiture, discussions surrounding it reflect an ongoing tension between state authority in penalizing such crime and the protections of civil liberties. Critics may argue that expanding forfeiture laws could lead to potential abuses where property may be seized without adequate due process. Hence, the bill's application might incite calls for greater scrutiny and balances to ensure that rights are not infringed upon while tackling organized crime.
Relating to the prosecution of certain criminal conduct involving a reckless driving exhibition or racing on a highway and to the forfeiture of contraband as a result of a reckless driving exhibition.
Relating to the prosecution of certain criminal conduct involving a reckless driving exhibition or racing on a highway and to the forfeiture of contraband as a result of a reckless driving exhibition or racing on a highway.
Relating to foreign terrorist organizations, including the compilation of information regarding, certain civil actions brought against, and the prosecution of certain organized crime offenses involving a foreign terrorist organization and of sedition.
Relating to foreign terrorist organizations, including the acquisition of title to real property by, the compilation of information regarding, certain civil actions brought against, and the prosecution of certain organized crime offenses involving a foreign terrorist organization.