Texas 2021 - 87th Regular

Texas House Bill HB1441 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R12942 AJZ-F
2	2		By: Schaefer, Thompson of Harris, Vasut, H.B. No. 1441
3	3		Cain, Sherman, Sr., et al.
	4	+	Substitute the following for H.B. No. 1441:
	5	+	By: Crockett C.S.H.B. No. 1441
4	6
5	7
6	8		A BILL TO BE ENTITLED
7	9		AN ACT
8	10		relating to the state's burden of proof in certain asset forfeiture
9	11		proceedings under the Code of Criminal Procedure.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Article 59.02, Code of Criminal Procedure, is
12	14		amended by amending Subsection (c) and adding Subsection (c-1) to
13	15		read as follows:
14	16		(c) An owner or interest holder's interest in property may
15	17		not be forfeited under this chapter if the owner or interest holder
16	18		[proves by a preponderance of the evidence that the owner or
17	19		interest holder] acquired and perfected the interest:
18	20		(1) before or during the act or omission giving rise to
19	21		forfeiture or, if the property is real property, the owner or
20	22		interest holder [he] acquired an ownership interest, security
21	23		interest, or lien interest before a lis pendens notice was filed
22	24		under Article 59.04(g), [of this code] and did not know or should
23	25		not reasonably have known of the act or omission giving rise to the
24	26		forfeiture or that it was likely to occur at or before the time of
25	27		acquiring and perfecting the interest or, if the property is real
26	28		property, at or before the time of acquiring the ownership
27	29		interest, security interest, or lien interest; or
28	30		(2) after the act or omission giving rise to the
29	31		forfeiture, but before the seizure of the property, and only if the
30	32		owner or interest holder:
31	33		(A) was, at the time that the interest in the
32	34		property was acquired, an owner or interest holder for value; and
33	35		(B) was without reasonable cause to believe that
34	36		the property was contraband and did not purposefully avoid learning
35	37		that the property was contraband.
36	38		(c-1) The state has the burden of proving by clear and
37	39		convincing evidence that the circumstances described by Subsection
38	40		(c) do not apply to property that is subject to seizure and
39	41		forfeiture under this chapter.
40	42		SECTION 2. Article 59.02(h), Code of Criminal Procedure, is
41	43		amended by amending Subdivision (1) and adding Subdivision (1-a) to
42	44		read as follows:
43	45		(1) An owner or interest holder's interest in property
44	46		may not be forfeited under this chapter if [at the forfeiture
45	47		hearing the owner or interest holder proves by a preponderance of
46	48		the evidence that] the owner or interest holder was not a party to
47	49		the offense giving rise to the forfeiture and [that] the
48	50		contraband:
49	51		(A) was stolen from the owner or interest holder
50	52		before being used in the commission of the offense giving rise to
51	53		the forfeiture;
52	54		(B) was purchased with:
53	55		(i) money stolen from the owner or interest
54	56		holder; or
55	57		(ii) proceeds from the sale of property
56	58		stolen from the owner or interest holder; or
57	59		(C) was used or intended to be used without the
58	60		effective consent of the owner or interest holder in the commission
59	61		of the offense giving rise to the forfeiture.
60	62		(1-a) The state has the burden of proving by clear and
61	63		convincing evidence that the circumstances described by
62	64		Subdivision (1) do not apply to property that is subject to seizure
63	65		and forfeiture under this chapter.
64	66		SECTION 3. The change in law made by this Act applies only
65	67		to a forfeiture proceeding that begins on or after the effective
66	68		date of this Act. A forfeiture proceeding that begins before the
67	69		effective date of this Act is governed by the law in effect on the
68	70		date the proceeding begins, and the former law is continued in
69	71		effect for that purpose.
70	72		SECTION 4. This Act takes effect September 1, 2021.