Texas 2019 - 86th Regular

Texas Senate Bill SB247 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R650 AJZ-D
2	2	By: Hinojosa S.B. No. 247
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to criminal asset forfeiture proceedings.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 59.021(d), Code of Criminal Procedure,
10	10	is amended to read as follows:
11	11	(d) After seizure of the substitute property, the
12	12	disposition shall proceed as other cases in this chapter except
13	13	that the attorney representing the state must prove by clear and
14	14	convincing [a preponderance of the] evidence:
15	15	(1) that the contraband described by Subsection (b)
16	16	was subject to seizure and forfeiture under this chapter;
17	17	(2) the highest fair market value of that contraband
18	18	during the period in which the owner of the substitute property
19	19	owned, or had an interest in, the contraband;
20	20	(3) the fair market value of the substitute property
21	21	at the time it was seized; and
22	22	(4) that the owner of the substitute property owned or
23	23	had an interest in contraband with an aggregate value of $200,000 or
24	24	more in connection with the commission of an underlying offense
25	25	giving rise to the forfeiture.
26	26	SECTION 2. Article 59.05(b), Code of Criminal Procedure, is
27	27	amended to read as follows:
28	28	(b) All cases under this chapter shall proceed to trial in
29	29	the same manner as in other civil cases. The state has the burden of
30	30	proving by clear and convincing [a preponderance of the] evidence
31	31	that property is subject to forfeiture.
32	32	SECTION 3. Chapter 59, Code of Criminal Procedure, is
33	33	amended by adding Articles 59.15 and 59.16 to read as follows:
34	34	Art. 59.15. TRANSFER OF FORFEITABLE PROPERTY TO FEDERAL
35	35	GOVERNMENT. A law enforcement agency or attorney representing the
36	36	state may not directly or indirectly transfer seized property to
37	37	any federal law enforcement authority or other federal agency and
38	38	may not coordinate with the authority or agency regarding seized
39	39	property unless:
40	40	(1) the value of the seized property exceeds $50,000,
41	41	excluding the value of any controlled substance; and
42	42	(2) the attorney representing the state determines
43	43	that:
44	44	(A) the activity giving rise to the applicable
45	45	investigation or seizure is interstate in nature and sufficiently
46	46	complex to justify the transfer; or
47	47	(B) the seized property may only be forfeited
48	48	under federal law.
49	49	Art. 59.16. COOPERATION IN FEDERAL FORFEITURE ACTION. A
50	50	law enforcement agency or the Texas National Guard, when operating
51	51	in a nonmilitary role, may not participate, assist, or cooperate in
52	52	a forfeiture action brought by the federal government unless the
53	53	value of the seized property subject to forfeiture exceeds $50,000,
54	54	excluding the value of any controlled substance.
55	55	SECTION 4. Section 12.1106(d), Parks and Wildlife Code, is
56	56	amended to read as follows:
57	57	(d) The court shall order the seized property:
58	58	(1) forfeited to the department if the court
59	59	determines by clear and convincing [a preponderance of the]
60	60	evidence that:
61	61	(A) the seized property is contraband and a
62	62	person pleaded guilty or nolo contendere to, was convicted of, or
63	63	was placed on deferred adjudication for:
64	64	(i) an offense under Section 66.006,
65	65	Section 66.2011, or Subchapter G, Chapter 43, of this code; or
66	66	(ii) a second or subsequent offense under
67	67	Section 61.022, 62.003, 62.004, or 62.005 of this code; or
68	68	(B) the seized property is contraband and no
69	69	person was arrested for an offense immediately after the warden or
70	70	officer seized the property; or
71	71	(2) released to the owner if:
72	72	(A) the person charged with an offense under
73	73	Section 66.006, Section 66.2011, or Subchapter G, Chapter 43, of
74	74	this code or a second or subsequent offense under Section 61.022,
75	75	62.003, 62.004, or 62.005 of this code is acquitted or the charge is
76	76	dismissed; or
77	77	(B) the court determines that the seized property
78	78	is not contraband.
79	79	SECTION 5. (a) Articles 59.15 and 59.16, Code of Criminal
80	80	Procedure, as added by this Act, apply only to property seized on or
81	81	after the effective date of this Act. Property seized before the
82	82	effective date of this Act is governed by the law in effect on the
83	83	date the property was seized, and the former law is continued in
84	84	effect for that purpose.
85	85	(b) Articles 59.021 and 59.05, Code of Criminal Procedure,
86	86	and Section 12.1106, Parks and Wildlife Code, as amended by this
87	87	Act, apply only to a forfeiture proceeding that begins on or after
88	88	the effective date of this Act. A forfeiture proceeding that begins
89	89	before the effective date of this Act is governed by the law in
90	90	effect on the date the proceeding begins, and the former law is
91	91	continued in effect for that purpose.
92	92	SECTION 6. This Act takes effect September 1, 2019.