Texas House Bill HB323

Texas 2017 - 85th Regular

• Filed: 11/14/16

Caption

Relating to the award of court costs, storage fees, and attorney's fees in a criminal asset forfeiture proceeding.

Impact

The law modifies existing provisions related to asset forfeiture, shifting the financial burden of legal expenses onto law enforcement agencies in cases where forfeiture is not warranted. By requiring reimbursements, the bill aims to offer individuals greater protection by preventing law enforcement from profiting from wrongful seizures. This change also signals a shift towards more accountability regarding how asset forfeiture actions are handled, thereby influencing the practices surrounding property seizure in Texas.

Summary

House Bill 323 focuses on the financial implications of criminal asset forfeiture proceedings. Specifically, it mandates that when a forfeiture action is dismissed or when it is determined that the property is not subject to forfeiture, the responsible law enforcement agency must reimburse the owner or interest holder for any incurred court costs, storage fees, and reasonable attorney's fees. This legislative change aims to provide a level of fairness and protection for property owners against the potential overreach of asset forfeiture laws.

Contention

While supporters of HB 323 argue that it enhances the rights of property owners and discourages unjust seizures, some critics may view this bill as a potential hindrance to law enforcement efforts. There may be concerns that enforcing reimbursements could reduce the effectiveness and willingness of law enforcement agencies to pursue asset forfeiture as a tool against crime, particularly organized criminal activities. Balancing the rights of individuals with the needs of law enforcement is likely a key point of contention in the discussions surrounding this legislation.