Texas Senate Bill SB1863

Texas 2015 - 84th Regular

Caption

Relating to repealing civil asset forfeiture provisions and establishing criminal asset forfeiture in this state.

Impact

This legislation introduces a significant shift in how law enforcement agencies handle seized property. The bill requires a conviction before any forfeiture can take place, thereby strengthening the rights of property owners and ensuring that only property tied to criminal activity can be forfeited. It also includes provisions to return wrongly seized property to its owners and mandates the return of property if the owner is found innocent. Furthermore, the bill lays out exemptions for certain types of property from forfeiture, including homesteads and vehicles valued under a specific threshold.

Summary

SB1863 seeks to repeal provisions for civil asset forfeiture and establish a framework for criminal asset forfeiture in Texas. The bill's primary purpose is to deter criminal activity by removing the economic incentives gained through the forfeiture of property without a criminal conviction. Under the proposed framework, property may only be forfeited if a person is convicted of a felony offense, thereby aiming to protect individuals from wrongful forfeiture and ensuring that the forfeiture process is fair and just.

Contention

Notable points of contention surrounding SB1863 include concerns from law enforcement about the potential reduction in their ability to deter crime effectively. Proponents of the bill argue that the previous system allowed for abuses of power and disproportionately affected low-income individuals who may not have the resources to fight back against wrongful forfeiture. Critics, however, warn that the bill could hinder law enforcement's ability to act swiftly in seizing assets connected to ongoing criminal activities, potentially complicating investigations and enforcement efforts.