87R12942 AJZ-F
By: Schaefer, Thompson of Harris, Vasut, H.B. No. 1441
Cain, Sherman, Sr., et al.
A BILL TO BE ENTITLED
AN ACT
relating to the state's burden of proof in certain asset forfeiture
proceedings under the Code of Criminal Procedure.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 59.02, Code of Criminal Procedure, is
amended by amending Subsection (c) and adding Subsection (c-1) to
read as follows:
(c) An owner or interest holder's interest in property may
not be forfeited under this chapter if the owner or interest holder
[proves by a preponderance of the evidence that the owner or
interest holder] acquired and perfected the interest:
(1) before or during the act or omission giving rise to
forfeiture or, if the property is real property, the owner or
interest holder [he] acquired an ownership interest, security
interest, or lien interest before a lis pendens notice was filed
under Article 59.04(g), [of this code] and did not know or should
not reasonably have known of the act or omission giving rise to the
forfeiture or that it was likely to occur at or before the time of
acquiring and perfecting the interest or, if the property is real
property, at or before the time of acquiring the ownership
interest, security interest, or lien interest; or
(2) after the act or omission giving rise to the
forfeiture, but before the seizure of the property, and only if the
owner or interest holder:
(A) was, at the time that the interest in the
property was acquired, an owner or interest holder for value; and
(B) was without reasonable cause to believe that
the property was contraband and did not purposefully avoid learning
that the property was contraband.
(c-1) The state has the burden of proving by clear and
convincing evidence that the circumstances described by Subsection
(c) do not apply to property that is subject to seizure and
forfeiture under this chapter.
SECTION 2. Article 59.02(h), Code of Criminal Procedure, is
amended by amending Subdivision (1) and adding Subdivision (1-a) to
read as follows:
(1) An owner or interest holder's interest in property
may not be forfeited under this chapter if [at the forfeiture
hearing the owner or interest holder proves by a preponderance of
the evidence that] the owner or interest holder was not a party to
the offense giving rise to the forfeiture and [that] the
contraband:
(A) was stolen from the owner or interest holder
before being used in the commission of the offense giving rise to
the forfeiture;
(B) was purchased with:
(i) money stolen from the owner or interest
holder; or
(ii) proceeds from the sale of property
stolen from the owner or interest holder; or
(C) was used or intended to be used without the
effective consent of the owner or interest holder in the commission
of the offense giving rise to the forfeiture.
(1-a) The state has the burden of proving by clear and
convincing evidence that the circumstances described by
Subdivision (1) do not apply to property that is subject to seizure
and forfeiture under this chapter.
SECTION 3. The change in law made by this Act applies only
to a forfeiture proceeding that begins on or after the effective
date of this Act. A forfeiture proceeding that begins before the
effective date of this Act is governed by the law in effect on the
date the proceeding begins, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2021.