Texas 2011 - 82nd Regular

Texas Senate Bill SB1701

Filed
 
Out of Senate Committee
3/31/11  
Introduced
3/11/11  
Voted on by Senate
4/11/11  
Out of House Committee
5/17/11  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to a criminal asset forfeiture hearing in which substitute assets are forfeited under certain circumstances.

Impact

The passing of SB1701 could significantly affect the way the judicial system handles asset forfeiture cases. It authorizes courts to forfeit substitute assets when the originally forfeited property is unlocatable or has been intermixed with other property. This means that individuals could face forfeiture of different assets if their initially taxed properties are not properly maintained or accounted for. This change is set to enhance the state’s ability to reclaim assets linked to criminal activity, thereby reinforcing law enforcement's ability to manage assets obtained through illegal means.

Summary

SB1701 revises regulations regarding criminal asset forfeiture in Texas by allowing for the forfeiture of substitute assets under specific circumstances. The bill amends Article 59.05 of the Code of Criminal Procedure, clarifying that the intention behind asset forfeiture is remedial rather than punitive. This change emphasizes the need for judicial oversight in ensuring that the interests of property owners are adequately protected during forfeiture proceedings, particularly in cases where their original property cannot be located or has diminished in value.

Contention

Critics may argue that SB1701 increases the risk of unfair asset seizure, potentially impacting individuals' rights to their property. While proponents assert that the measure is necessary to streamline the forfeiture process and strengthen law enforcement tools, opponents worry that it may lead to overreach and unjust losses for innocent property owners. The balance between effective law enforcement and the protection of individual property rights is a key area of contention surrounding this bill, with concerns about safeguarding due process for those potentially affected.

Companion Bills

No companion bills found.

Previously Filed As

TX SB246

Relating to toll collection services provided by a regional tollway authority.

TX HB805

Relating to the requirement that certain water service providers ensure emergency operations during an extended power outage.

TX HB378

Relating to stationary tow trucks on a highway; providing a penalty.

TX HB422

Relating to certain oversize and overweight permits issued by the Texas Department of Transportation.

Similar Bills

HI SB149

Relating To Property Forfeiture.

LA SB359

Provides for civil forfeiture reform. (8/1/22)

HI HB1965

Relating To Property Forfeiture.

WV HB2772

Relating generally to forfeiture of contraband

KS HB2380

Requiring a criminal conviction for civil asset forfeiture, remitting proceeds from civil asset forfeiture to the state general fund, increasing the burden of proof required to forfeit property, making certain property ineligible for forfeiture, providing persons involved in forfeiture proceedings representation by counsel and the ability to demand a jury trial and allowing a person to request a hearing on whether forfeiture is excessive.

KS HB2396

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

KS SB237

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

KS SB458

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, providing limitations on state and local law enforcement agency requests for federal adoption of a seizure under the act, requiring probable cause affidavit filing and review to commence forfeiture proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence, authorizing courts to order payment of attorney fees and costs for certain claimants and requiring the Kansas bureau of investigation to submit forfeiture fund financial reports to the legislature.