85R24839 AJZ-D
By: Canales H.B. No. 344
Substitute the following for H.B. No. 344:
By: Moody C.S.H.B. No. 344
A BILL TO BE ENTITLED
AN ACT
relating to criminal asset forfeiture proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 59.021(d), Code of Criminal Procedure,
is amended to read as follows:
(d) After seizure of the substitute property, the
disposition shall proceed as other cases in this chapter except
that the attorney representing the state must prove by clear and
convincing [a preponderance of the] evidence:
(1) that the contraband described by Subsection (b)
was subject to seizure and forfeiture under this chapter;
(2) the highest fair market value of that contraband
during the period in which the owner of the substitute property
owned, or had an interest in, the contraband;
(3) the fair market value of the substitute property
at the time it was seized; and
(4) that the owner of the substitute property owned or
had an interest in contraband with an aggregate value of $200,000 or
more in connection with the commission of an underlying offense
giving rise to the forfeiture.
SECTION 2. Article 59.05(b), Code of Criminal Procedure, is
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.
SECTION 3. Chapter 59, Code of Criminal Procedure, is
amended by adding Articles 59.15 and 59.16 to read as follows:
Art. 59.15. TRANSFER OF FORFEITABLE PROPERTY TO FEDERAL
GOVERNMENT. A law enforcement agency or attorney representing the
state may not directly or indirectly transfer seized property to
any federal law enforcement authority or other federal agency and
may not coordinate with the authority or agency regarding seized
property unless:
(1) the value of the seized property exceeds $50,000,
excluding the value of any controlled substance; and
(2) the attorney representing the state determines
that:
(A) the activity giving rise to the applicable
investigation or seizure is interstate in nature and sufficiently
complex to justify the transfer; or
(B) the seized property may only be forfeited
under federal law.
Art. 59.16. COOPERATION IN FEDERAL FORFEITURE ACTION. A
law enforcement agency or the Texas National Guard, when operating
in a nonmilitary role, may not participate, assist, or cooperate in
a forfeiture action brought by the federal government unless the
value of the seized property subject to forfeiture exceeds $50,000,
excluding the value of any controlled substance.
SECTION 4. Section 12.1106(d), Parks and Wildlife Code, is
amended to read as follows:
(d) The court shall order the seized property:
(1) forfeited to the department if the court
determines by clear and convincing [a preponderance of the]
evidence that:
(A) the seized property is contraband and a
person pleaded guilty or nolo contendere to, was convicted of, or
was placed on deferred adjudication for:
(i) an offense under Section 66.006,
Section 66.2011, or Subchapter G, Chapter 43, of this code; or
(ii) a second or subsequent offense under
Section 61.022, 62.003, 62.004, or 62.005 of this code; or
(B) the seized property is contraband and no
person was arrested for an offense immediately after the warden or
officer seized the property; or
(2) released to the owner if:
(A) the person charged with an offense under
Section 66.006, Section 66.2011, or Subchapter G, Chapter 43, of
this code or a second or subsequent offense under Section 61.022,
62.003, 62.004, or 62.005 of this code is acquitted or the charge is
dismissed; or
(B) the court determines that the seized property
is not contraband.
SECTION 5. (a) Articles 59.15 and 59.16, Code of Criminal
Procedure, as added by this Act, apply only to property seized on or
after the effective date of this Act. Property seized before the
effective date of this Act is governed by the law in effect on the
date the property was seized, and the former law is continued in
effect for that purpose.
(b) Articles 59.021 and 59.05, Code of Criminal Procedure,
and Section 12.1106, Parks and Wildlife Code, as amended by this
Act, apply only to a forfeiture proceeding that begins on or after
the effective date of this Act. A forfeiture proceeding that begins
before the effective date of this Act is governed by the law in
effect on the date the proceeding begins, and the former law is
continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2017.