Texas House Bill HB1364

Texas 2017 - 85th Regular

Caption

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

Impact

The passage of HB 1364 would impact state laws governing asset forfeiture by instituting a more stringent standard for the seizure of property. Law enforcement would no longer be able to seize assets based solely on suspicion or civil legal standards; rather, a conviction must be secured to enforce forfeiture. This aims to protect individuals from wrongful seizure of property without due process and aligns with broader nationwide trends advocating for more significant protections for property rights.

Summary

House Bill 1364 aims to significantly alter the landscape of asset forfeiture within the state of Texas by repealing existing civil asset forfeiture provisions and establishing a framework for criminal asset forfeiture. The bill introduces Chapter 59A to the Code of Criminal Procedure, which stipulates that property may only be forfeited if the owner has been convicted of a related offense. This change attempts to address concerns related to potential abuses in civil asset forfeiture, where property could be seized without a criminal conviction, leading to calls for reform from various advocacy groups.

Contention

Discussions around HB 1364 reveal a divide among lawmakers and stakeholders. Proponents argue that the bill is a necessary reform to prevent the potential for abuse associated with civil asset forfeiture, which can disproportionately affect individuals without prior convictions. Critics, however, express concern that such stringent requirements could hinder law enforcement's ability to effectively address crime by limiting the resources available for funding and operations following asset seizures. The debate highlights the tension between ensuring due process and facilitating effective law enforcement practices.