85R24849 AJZ-D
By: Dale, Canales H.B. No. 805
Substitute the following for H.B. No. 805:
By: Moody C.S.H.B. No. 805
A BILL TO BE ENTITLED
AN ACT
relating to the admissibility of evidence in an asset forfeiture
proceeding and the seizure and forfeiture of certain property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 59.02, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) Except as otherwise provided by Subsection (a-1),
property [Property] that is contraband is subject to seizure and
forfeiture under this chapter.
(a-1) Property that is contraband is not subject to seizure
and forfeiture under this chapter if:
(1) the property is not otherwise unlawful to possess;
and
(2) the admissibility of the property as evidence
would be prohibited under Article 38.23 in the prosecution of the
underlying offense.
SECTION 2. Article 59.05, Code of Criminal Procedure, is
amended by adding Subsections (b-1) and (b-2) to read as follows:
(b-1) In a forfeiture proceeding under this chapter, the
attorney representing the state may only present evidence the
admissibility of which would not be prohibited under Article 38.23
in the prosecution of the underlying offense giving rise to the
forfeiture. A determination that evidence is admissible for the
purpose of the forfeiture proceeding does not act as collateral
estoppel on any issue in the prosecution of the underlying offense
giving rise to the forfeiture.
(b-2) For purposes of evaluating the admissibility of
evidence sought to be presented in the proceeding, a party to a
forfeiture proceeding under this chapter may request a stay of that
proceeding to allow the applicable determinations to be made in the
prosecution of the underlying offense giving rise to the
forfeiture. The court shall grant the request unless the court
finds good cause to deny the request.
SECTION 3. The change in law made by this Act applies 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 4. This Act takes effect September 1, 2017.