Texas House Bill HB479

Texas 2019 - 86th Regular

Caption

Relating to asset forfeiture proceedings under the Code of Criminal Procedure.

Impact

If enacted, HB 479 alters the existing landscape of asset forfeiture laws in Texas by ensuring that individuals can challenge forfeiture claims more effectively. The bill emphasizes the importance of due process rights, particularly for those who may have been wrongfully accused or whose property was seized without a conviction. This change aims to prevent the government's overreach in seizing property, as it now necessitates a more stringent standard of proof regarding the connection between the property and criminal activity.

Summary

House Bill 479 aims to reform the asset forfeiture process under the Texas Code of Criminal Procedure. The primary change proposed by the bill is the removal of the requirement for a final conviction of an underlying offense before property can be forfeited. This adjustment allows for the dismissals and acquittals of the underlying offenses to serve as grounds for dismissing forfeiture proceedings. The bill intends to better protect property owners by changing the legal presumption surrounding seized assets, which can currently unfairly disadvantage individuals without convictions.

Contention

The bill has generated discussion around its implications for law enforcement and property rights. Proponents argue that reforming asset forfeiture laws is necessary for protecting citizens from unjust seizures, supporting the notion that an individual should not lose their property without a fair trial and a conviction. On the other hand, some law enforcement agencies express concern that this reform may hinder their ability to detain assets related to criminal activity, potentially compromising their effectiveness in combating crime.