Texas 2023 - 88th Regular

Texas House Bill HB3659

Filed
3/6/23  
Out of House Committee
4/19/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to civil asset forfeiture proceedings, to the seizure and forfeiture of certain property, and to the reporting and disposition of proceeds and property from civil asset forfeiture.

Impact

The bill's provisions would modify existing laws surrounding civil asset forfeiture, contributing to an overall tightening of oversight and regulation. By increasing the demand for detailed reporting, HB 3659 would likely discourage abuses of the forfeiture system, where property may be seized without adequate justification. This change could also influence how law enforcement interacts with the community, potentially fostering a greater sense of accountability. Moreover, by creating a public record of forfeiture actions, citizens would be better informed about how these laws are applied and the extent of their impact on civil liberties.

Summary

House Bill 3659, introduced by Representative Hefner, seeks to reform civil asset forfeiture proceedings by enhancing the transparency and accountability of such processes. The bill stipulates more stringent reporting requirements for law enforcement agencies regarding the seizure and forfeiture of property. By mandating monthly reports to the Attorney General's office and the publication of aggregate data on assets seized, HB 3659 aims to provide insight into the prevalence and impact of asset forfeiture actions across the state. Proponents argue that these changes are essential for restoring public trust in law enforcement and ensuring that forfeiture laws are not misused.

Sentiment

The sentiment surrounding HB 3659 appears to be mixed. Supporters, including several advocacy groups, view the bill as a significant and necessary step towards reforming a system criticized for lacking oversight. Testimonies from various proponents emphasize the importance of accountability and demonstrate broader support for tightening regulations surrounding asset seizures. Conversely, opponents, such as some law enforcement representatives, argue that the changes proposed may hinder operational effectiveness and express concerns that the asset forfeiture process is not fundamentally broken. The debate reveals a tension between the need for reform and the perceived need for efficiency in law enforcement practices.

Contention

One of the notable points of contention in the discussions around HB 3659 pertains to the bill's implications for law enforcement and public safety. Critics of the bill, particularly from law enforcement backgrounds, claim that it could undermine their ability to seize assets derived from criminal activity, thereby limiting resources that are essential for funding public safety initiatives. This concern underscores a deeper philosophical divide regarding asset forfeiture—whether it serves as an important law enforcement tool or a gateway to potential abuse and erosion of civil rights. The legislative discussions indicate strong feelings on both sides about the balance between accountability and operational efficiency.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 59. Forfeiture Of Contraband
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

WV HB2772

Relating generally to forfeiture of contraband

HI HB126

Relating To Property Forfeiture.

AZ HB2324

Forfeiture; digital assets; reserve fund

HI SB320

Relating To Property Forfeiture.

HI SB722

Relating To Property Forfeiture.

WV SB184

Prohibiting pre-conviction forfeiture of someone merely accused of crime

NH HB615

Relative to drug forfeiture proceedings.

MA H1851

Relative to forfeiture reform