Texas House Bill HB251

Texas 2021 - 87th Regular

Caption

Relating to repealing civil asset forfeiture provisions and establishing criminal asset forfeiture in this state.

Impact

If enacted, this bill will amend the Texas Code of Criminal Procedure by introducing Chapter 59A, outlining the procedures for criminal asset forfeiture. Under this new chapter, properties can only be forfeited following a criminal conviction related to the offense from which the asset was seized. Furthermore, the legislation aims to improve transparency in forfeiture actions and requires law enforcement agencies to return seized property if it is not sought through legal proceedings. This could potentially restore public trust in law enforcement and ensure that individuals have recourse against wrongful seizures.

Summary

House Bill 251 (HB251) seeks to repeal existing civil asset forfeiture laws in Texas and establish a new framework for criminal asset forfeiture. The bill represents a significant legislative shift aimed at addressing concerns surrounding the civil forfeiture process, which has garnered criticism for perceived abuse and lack of due process. By eliminating civil asset forfeiture, the bill intends to protect property owners’ rights and ensure that assets are only forfeited through criminal proceedings, thereby necessitating a higher burden of proof on law enforcement agencies.

Contention

The proposal is likely to face opposition from various law enforcement groups and some lawmakers who argue that asset forfeiture serves as a critical tool for disrupting criminal enterprises and funding policing efforts. Critics of this bill may highlight concerns about the potential financial impacts on local law enforcement budgets, as forfeited assets often provide revenue used for equipment and training. The discussion will likely center on balancing the need for effective law enforcement tools with the safeguarding of civil liberties and property rights.