Texas Senate Bill SB1714

Texas 2017 - 85th Regular

Caption

Relating to the expenditure of proceeds and property from and the state's burden of proof in asset forfeiture proceedings under the Code of Criminal Procedure.

Impact

This bill reformulates the legal framework surrounding asset forfeiture in Texas. By establishing a higher burden of proof for the state, SB1714 aims to enhance property rights for owners and interest holders, ensuring they can defend their claims against forfeiture more robustly. The amendments also include provisions that prevent forfeiture if the property owner had no reasonable knowledge of any illicit activity occurring with their property, further safeguarding innocent owners from losing their assets.

Summary

Senate Bill 1714 addresses key aspects of asset forfeiture proceedings in Texas by redefining the burden of proof required for the state to forfeit property. Specifically, the bill mandates that the state must prove its case by 'clear and convincing evidence' rather than the lesser standard of 'preponderance of the evidence.' This change could significantly impact how properties are seized and forfeited, offering greater protection to individuals whose assets may be implicated in criminal activities without direct involvement.

Contention

As with many asset forfeiture reform efforts, SB1714 has drawn attention and debate. Supporters argue that imposing a higher burden of proof is essential for protecting citizens' rights and preventing wrongful seizures. However, critics within law enforcement may express concerns that this legislative change could hinder their ability to effectively combat crime by complicating the asset forfeiture process. The balance between safeguarding individual rights and empowering law enforcement remains a contentious topic within the legislative discourse surrounding SB1714.