Texas 2023 - 88th Regular

Texas House Bill HB1711 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R1889 AJZ-D
2	2	By: Canales H.B. No. 1711
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the admissibility of evidence in an asset forfeiture
8	8	proceeding and the seizure and forfeiture of certain property.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 59.02, Code of Criminal Procedure, is
11	11	amended by amending Subsection (a) and adding Subsection (a-1) to
12	12	read as follows:
13	13	(a) Except as otherwise provided by Subsection (a-1),
14	14	property [Property] that is contraband is subject to seizure and
15	15	forfeiture under this chapter.
16	16	(a-1) Property that is contraband is not subject to seizure
17	17	and forfeiture under this chapter if:
18	18	(1) the property is not otherwise unlawful to possess;
19	19	and
20	20	(2) the admissibility of the property as evidence
21	21	would be prohibited under Article 38.23 in the prosecution of the
22	22	underlying offense.
23	23	SECTION 2. Article 59.05, Code of Criminal Procedure, is
24	24	amended by adding Subsection (b-1) to read as follows:
25	25	(b-1) In a forfeiture proceeding under this chapter, the
26	26	attorney representing the state may only present evidence the
27	27	admissibility of which would not be prohibited under Article 38.23
28	28	in the prosecution of the underlying offense giving rise to the
29	29	forfeiture.
30	30	SECTION 3. The change in law made by this Act applies only
31	31	to a forfeiture proceeding that begins on or after the effective
32	32	date of this Act. A forfeiture proceeding that begins before the
33	33	effective date of this Act is governed by the law in effect on the
34	34	date the proceeding begins, and the former law is continued in
35	35	effect for that purpose.
36	36	SECTION 4. This Act takes effect September 1, 2023.