Texas 2017 - 85th Regular

Texas House Bill HB344 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R24839 AJZ-D
2	2	By: Canales H.B. No. 344
3	3	Substitute the following for H.B. No. 344:
4	4	By: Moody C.S.H.B. No. 344
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to criminal asset forfeiture proceedings.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 59.021(d), Code of Criminal Procedure,
12	12	is amended to read as follows:
13	13	(d) After seizure of the substitute property, the
14	14	disposition shall proceed as other cases in this chapter except
15	15	that the attorney representing the state must prove by clear and
16	16	convincing [a preponderance of the] evidence:
17	17	(1) that the contraband described by Subsection (b)
18	18	was subject to seizure and forfeiture under this chapter;
19	19	(2) the highest fair market value of that contraband
20	20	during the period in which the owner of the substitute property
21	21	owned, or had an interest in, the contraband;
22	22	(3) the fair market value of the substitute property
23	23	at the time it was seized; and
24	24	(4) that the owner of the substitute property owned or
25	25	had an interest in contraband with an aggregate value of $200,000 or
26	26	more in connection with the commission of an underlying offense
27	27	giving rise to the forfeiture.
28	28	SECTION 2. Article 59.05(b), Code of Criminal Procedure, is
29	29	amended to read as follows:
30	30	(b) All cases under this chapter shall proceed to trial in
31	31	the same manner as in other civil cases. The state has the burden of
32	32	proving by clear and convincing [a preponderance of the] evidence
33	33	that property is subject to forfeiture.
34	34	SECTION 3. Chapter 59, Code of Criminal Procedure, is
35	35	amended by adding Articles 59.15 and 59.16 to read as follows:
36	36	Art. 59.15. TRANSFER OF FORFEITABLE PROPERTY TO FEDERAL
37	37	GOVERNMENT. A law enforcement agency or attorney representing the
38	38	state may not directly or indirectly transfer seized property to
39	39	any federal law enforcement authority or other federal agency and
40	40	may not coordinate with the authority or agency regarding seized
41	41	property unless:
42	42	(1) the value of the seized property exceeds $50,000,
43	43	excluding the value of any controlled substance; and
44	44	(2) the attorney representing the state determines
45	45	that:
46	46	(A) the activity giving rise to the applicable
47	47	investigation or seizure is interstate in nature and sufficiently
48	48	complex to justify the transfer; or
49	49	(B) the seized property may only be forfeited
50	50	under federal law.
51	51	Art. 59.16. COOPERATION IN FEDERAL FORFEITURE ACTION. A
52	52	law enforcement agency or the Texas National Guard, when operating
53	53	in a nonmilitary role, may not participate, assist, or cooperate in
54	54	a forfeiture action brought by the federal government unless the
55	55	value of the seized property subject to forfeiture exceeds $50,000,
56	56	excluding the value of any controlled substance.
57	57	SECTION 4. Section 12.1106(d), Parks and Wildlife Code, is
58	58	amended to read as follows:
59	59	(d) The court shall order the seized property:
60	60	(1) forfeited to the department if the court
61	61	determines by clear and convincing [a preponderance of the]
62	62	evidence that:
63	63	(A) the seized property is contraband and a
64	64	person pleaded guilty or nolo contendere to, was convicted of, or
65	65	was placed on deferred adjudication for:
66	66	(i) an offense under Section 66.006,
67	67	Section 66.2011, or Subchapter G, Chapter 43, of this code; or
68	68	(ii) a second or subsequent offense under
69	69	Section 61.022, 62.003, 62.004, or 62.005 of this code; or
70	70	(B) the seized property is contraband and no
71	71	person was arrested for an offense immediately after the warden or
72	72	officer seized the property; or
73	73	(2) released to the owner if:
74	74	(A) the person charged with an offense under
75	75	Section 66.006, Section 66.2011, or Subchapter G, Chapter 43, of
76	76	this code or a second or subsequent offense under Section 61.022,
77	77	62.003, 62.004, or 62.005 of this code is acquitted or the charge is
78	78	dismissed; or
79	79	(B) the court determines that the seized property
80	80	is not contraband.
81	81	SECTION 5. (a) Articles 59.15 and 59.16, Code of Criminal
82	82	Procedure, as added by this Act, apply only to property seized on or
83	83	after the effective date of this Act. Property seized before the
84	84	effective date of this Act is governed by the law in effect on the
85	85	date the property was seized, and the former law is continued in
86	86	effect for that purpose.
87	87	(b) Articles 59.021 and 59.05, Code of Criminal Procedure,
88	88	and Section 12.1106, Parks and Wildlife Code, as amended by this
89	89	Act, apply only to a forfeiture proceeding that begins on or after
90	90	the effective date of this Act. A forfeiture proceeding that begins
91	91	before the effective date of this Act is governed by the law in
92	92	effect on the date the proceeding begins, and the former law is
93	93	continued in effect for that purpose.
94	94	SECTION 6. This Act takes effect September 1, 2017.