| 1 | 1 | | 85R1907 ADM-F |
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| 2 | 2 | | By: Canales H.B. No. 323 |
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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 the award of court costs, storage fees, and attorney's |
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| 8 | 8 | | fees in a criminal asset forfeiture proceeding. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 59.05, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Subsection (h) to read as follows: |
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| 12 | 12 | | (h) Notwithstanding any other law, on dismissal of a |
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| 13 | 13 | | forfeiture proceeding under this chapter, or on the court's |
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| 14 | 14 | | determination that the property or an interest in the property is |
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| 15 | 15 | | not subject to forfeiture under this chapter, the court shall enter |
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| 16 | 16 | | an order requiring the law enforcement agency responsible for |
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| 17 | 17 | | seizing the property to reimburse the applicable owner or interest |
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| 18 | 18 | | holder for court costs, storage fees, and reasonable attorney's |
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| 19 | 19 | | fees. If possible, notwithstanding the purposes for which the money |
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| 20 | 20 | | must be used under the law, the agency shall make the payment out of |
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| 21 | 21 | | money available in the applicable fund established for the agency |
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| 22 | 22 | | under Article 59.06(c)(2), (3), or (4). |
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| 23 | 23 | | SECTION 2. The change in law made by this Act applies only |
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| 24 | 24 | | to property subject to forfeiture on the basis of an offense |
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| 25 | 25 | | committed on or after the effective date of this Act. Property |
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| 26 | 26 | | subject to forfeiture on the basis of an offense committed before |
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| 27 | 27 | | the effective date of this Act is governed by the law in effect on |
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| 28 | 28 | | the date the offense was committed, and the former law is continued |
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| 29 | 29 | | in effect for that purpose. For purposes of this section, an offense |
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| 30 | 30 | | was committed before the effective date of this Act if any element |
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| 31 | 31 | | of the offense occurred before that date. |
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| 32 | 32 | | SECTION 3. This Act takes effect September 1, 2017. |
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