2015S0464-T 03/12/15
By: Huffines S.B. No. 1676
A BILL TO BE ENTITLED
AN ACT
relating to the state's burden of proof in certain criminal asset
forfeiture proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 59.05(b) and (d), Code of Criminal
Procedure, are amended to read as follows:
(b) All cases under this chapter shall proceed to trial in
the same manner as in other civil cases. The state has the burden of
proving by clear and convincing [a preponderance of the] evidence
that property is subject to forfeiture.
(d) A final conviction for an underlying offense is [not] a
requirement for forfeiture under this chapter. [An owner or
interest holder may present evidence of a dismissal or acquittal of
an underlying offense in a forfeiture proceeding, and evidence of
an acquittal raises a presumption that the property or interest
that is the subject of the hearing is nonforfeitable. This
presumption can be rebutted by evidence that the owner or interest
holder knew or should have known that the property was contraband.]
SECTION 2. This Act takes effect September 1, 2015.