Texas House Bill HCR31

Texas 2017 - 85th 1st C.S.

Caption

Calling for the reversal of the U.S. attorney general's order issued on July 19, 2017, for the repeal of the civil asset forfeiture program, and for the program's replacement with a criminal asset forfeiture process.

Impact

The resolution points out that the civil asset forfeiture system disproportionately impacts marginalized communities, particularly people of color and individuals of modest means. Victims of asset seizures often find themselves needing to prove their innocence—an inversion of the presumption of innocence that is traditionally upheld in criminal proceedings. The bill calls for a transformation of the forfeiture process to one that requires criminal convictions prior to asset seizures, effectively aligning property rights with judicial fairness.

Summary

HCR31 is a concurrent resolution that seeks to reverse an order from the U.S. Attorney General issued on July 19, 2017, which further authorized civil asset forfeiture by state and local agencies. Civil asset forfeiture allows law enforcement to seize property believed to be connected to criminal activity without the need for a criminal conviction. This process has raised significant concerns due to its potential for abuse and the financial incentives it creates for law enforcement agencies to pursue profits rather than justice.

Contention

Controversially, the resolution addresses the difficulties individuals face when attempting to reclaim their property, highlighting low evidentiary standards and high legal costs as barriers. HCR31 proposes that any future asset forfeitures must meet a higher evidentiary threshold and introduces protections for certain personal properties, such as homesteads and less valuable motor vehicles. Additionally, it suggests creating a proportionality hearing to ensure that forfeitures are not excessively punitive in relation to the crime committed, aiming to restore a sense of equity in the legal process.