| 1 | 1 | | 84R8398 AJZ-D |
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| 2 | 2 | | By: Burton S.B. No. 1565 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to criminal asset forfeiture proceedings. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Article 59.02(b), Code of Criminal Procedure, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (b) Any property that is contraband other than property held |
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| 12 | 12 | | as evidence in a criminal investigation or a pending criminal case, |
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| 13 | 13 | | money, a negotiable instrument, or a security that is seized under |
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| 14 | 14 | | this chapter may be replevied by the owner or interest holder of the |
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| 15 | 15 | | property, on execution of a good and valid bond with sufficient |
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| 16 | 16 | | surety in a sum equal to the appraised value of the property |
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| 17 | 17 | | replevied. The bond may be approved as to form and substance by the |
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| 18 | 18 | | court after the court gives notice of the bond to the authority |
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| 19 | 19 | | holding the seized property. The bond must be conditioned on the |
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| 20 | 20 | | understanding [: |
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| 21 | 21 | | [(1) on return of the property to the custody of the |
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| 22 | 22 | | state on the day of hearing of the forfeiture proceedings; and |
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| 23 | 23 | | [(2)] that the interest holder or owner of the |
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| 24 | 24 | | property will abide by the decision that may be made in the cause. |
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| 25 | 25 | | SECTION 2. Article 59.04, Code of Criminal Procedure, is |
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| 26 | 26 | | amended by adding Subsection (b-1) to read as follows: |
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| 27 | 27 | | (b-1) The attorney representing the state who files a notice |
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| 28 | 28 | | of the seizure and intended forfeiture under Subsection (b) shall |
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| 29 | 29 | | file notice in the court with jurisdiction over the underlying |
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| 30 | 30 | | offense giving rise to the forfeiture. |
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| 31 | 31 | | SECTION 3. Article 59.05, Code of Criminal Procedure, is |
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| 32 | 32 | | amended by adding Subsection (a-1) to read as follows: |
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| 33 | 33 | | (a-1) On final conviction of the underlying offense giving |
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| 34 | 34 | | rise to the forfeiture, the court may order the forfeiture of the |
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| 35 | 35 | | property. If the court orders forfeiture of the property, the court |
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| 36 | 36 | | shall order the judgment of forfeiture executed on the date the |
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| 37 | 37 | | conviction is final and all appeals are exhausted or the date a |
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| 38 | 38 | | guilty plea is entered, as applicable. The court shall dismiss a |
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| 39 | 39 | | forfeiture proceeding on proof of a dismissal or acquittal of the |
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| 40 | 40 | | underlying offense. |
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| 41 | 41 | | SECTION 4. Articles 59.05(a), (b), (d), (e), (f), and (g), |
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| 42 | 42 | | Code of Criminal Procedure, are repealed. |
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| 43 | 43 | | SECTION 5. The change in law made by this Act applies only |
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| 44 | 44 | | to a forfeiture proceeding that begins on or after the effective |
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| 45 | 45 | | date of this Act. A forfeiture proceeding that begins before the |
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| 46 | 46 | | effective date of this Act is governed by the law in effect on the |
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| 47 | 47 | | date the proceeding begins, and the former law is continued in |
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| 48 | 48 | | effect for that purpose. |
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| 49 | 49 | | SECTION 6. This Act takes effect September 1, 2015. |
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