| 1 | 1 | | 85R24849 AJZ-D |
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| 2 | 2 | | By: Dale, Canales H.B. No. 805 |
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| 3 | 3 | | Substitute the following for H.B. No. 805: |
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| 4 | 4 | | By: Moody C.S.H.B. No. 805 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the admissibility of evidence in an asset forfeiture |
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| 10 | 10 | | proceeding and the seizure and forfeiture of certain property. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Article 59.02, Code of Criminal Procedure, is |
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| 13 | 13 | | amended by amending Subsection (a) and adding Subsection (a-1) to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | (a) Except as otherwise provided by Subsection (a-1), |
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| 16 | 16 | | property [Property] that is contraband is subject to seizure and |
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| 17 | 17 | | forfeiture under this chapter. |
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| 18 | 18 | | (a-1) Property that is contraband is not subject to seizure |
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| 19 | 19 | | and forfeiture under this chapter if: |
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| 20 | 20 | | (1) the property is not otherwise unlawful to possess; |
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| 21 | 21 | | and |
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| 22 | 22 | | (2) the admissibility of the property as evidence |
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| 23 | 23 | | would be prohibited under Article 38.23 in the prosecution of the |
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| 24 | 24 | | underlying offense. |
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| 25 | 25 | | SECTION 2. Article 59.05, Code of Criminal Procedure, is |
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| 26 | 26 | | amended by adding Subsections (b-1) and (b-2) to read as follows: |
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| 27 | 27 | | (b-1) In a forfeiture proceeding under this chapter, the |
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| 28 | 28 | | attorney representing the state may only present evidence the |
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| 29 | 29 | | admissibility of which would not be prohibited under Article 38.23 |
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| 30 | 30 | | in the prosecution of the underlying offense giving rise to the |
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| 31 | 31 | | forfeiture. A determination that evidence is admissible for the |
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| 32 | 32 | | purpose of the forfeiture proceeding does not act as collateral |
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| 33 | 33 | | estoppel on any issue in the prosecution of the underlying offense |
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| 34 | 34 | | giving rise to the forfeiture. |
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| 35 | 35 | | (b-2) For purposes of evaluating the admissibility of |
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| 36 | 36 | | evidence sought to be presented in the proceeding, a party to a |
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| 37 | 37 | | forfeiture proceeding under this chapter may request a stay of that |
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| 38 | 38 | | proceeding to allow the applicable determinations to be made in the |
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| 39 | 39 | | prosecution of the underlying offense giving rise to the |
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| 40 | 40 | | forfeiture. The court shall grant the request unless the court |
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| 41 | 41 | | finds good cause to deny the request. |
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| 42 | 42 | | SECTION 3. The change in law made by this Act applies only |
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| 43 | 43 | | to a forfeiture proceeding that begins on or after the effective |
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| 44 | 44 | | date of this Act. A forfeiture proceeding that begins before the |
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| 45 | 45 | | effective date of this Act is governed by the law in effect on the |
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| 46 | 46 | | date the proceeding begins, and the former law is continued in |
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| 47 | 47 | | effect for that purpose. |
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| 48 | 48 | | SECTION 4. This Act takes effect September 1, 2017. |
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