Texas 2023 - 88th Regular

Texas Senate Bill SB2458 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R2779 AJZ-D
2	2	By: Hughes S.B. No. 2458
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the state's burden of proof in certain asset forfeiture
8	8	proceedings under the Code of Criminal Procedure.
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 (c) and adding Subsection (c-1) to
12	12	read as follows:
13	13	(c) An owner or interest holder's interest in property may
14	14	not be forfeited under this chapter if the owner or interest holder
15	15	[proves by a preponderance of the evidence that the owner or
16	16	interest holder] acquired and perfected the interest:
17	17	(1) before or during the act or omission giving rise to
18	18	forfeiture or, if the property is real property, the owner or
19	19	interest holder [he] acquired an ownership interest, security
20	20	interest, or lien interest before a lis pendens notice was filed
21	21	under Article 59.04(g), [of this code] and did not know or should
22	22	not reasonably have known of the act or omission giving rise to the
23	23	forfeiture or that it was likely to occur at or before the time of
24	24	acquiring and perfecting the interest or, if the property is real
25	25	property, at or before the time of acquiring the ownership
26	26	interest, security interest, or lien interest; or
27	27	(2) after the act or omission giving rise to the
28	28	forfeiture, but before the seizure of the property, and only if the
29	29	owner or interest holder:
30	30	(A) was, at the time that the interest in the
31	31	property was acquired, an owner or interest holder for value; and
32	32	(B) was without reasonable cause to believe that
33	33	the property was contraband and did not purposefully avoid learning
34	34	that the property was contraband.
35	35	(c-1) The state has the burden of proving by clear and
36	36	convincing evidence that the circumstances described by Subsection
37	37	(c) do not apply to property that is subject to seizure and
38	38	forfeiture under this chapter.
39	39	SECTION 2. Article 59.02(h), Code of Criminal Procedure, is
40	40	amended by amending Subdivision (1) and adding Subdivision (1-a) to
41	41	read as follows:
42	42	(1) An owner or interest holder's interest in property
43	43	may not be forfeited under this chapter if [at the forfeiture
44	44	hearing the owner or interest holder proves by a preponderance of
45	45	the evidence that] the owner or interest holder was not a party to
46	46	the offense giving rise to the forfeiture and [that] the
47	47	contraband:
48	48	(A) was stolen from the owner or interest holder
49	49	before being used in the commission of the offense giving rise to
50	50	the forfeiture;
51	51	(B) was purchased with:
52	52	(i) money stolen from the owner or interest
53	53	holder; or
54	54	(ii) proceeds from the sale of property
55	55	stolen from the owner or interest holder; or
56	56	(C) was used or intended to be used without the
57	57	effective consent of the owner or interest holder in the commission
58	58	of the offense giving rise to the forfeiture.
59	59	(1-a) The state has the burden of proving by clear and
60	60	convincing evidence that the circumstances described by
61	61	Subdivision (1) do not apply to property that is subject to seizure
62	62	and forfeiture under this chapter.
63	63	SECTION 3. The change in law made by this Act applies only
64	64	to a forfeiture proceeding that begins on or after the effective
65	65	date of this Act. A forfeiture proceeding that begins before the
66	66	effective date of this Act is governed by the law in effect on the
67	67	date the proceeding begins, and the former law is continued in
68	68	effect for that purpose.
69	69	SECTION 4. This Act takes effect September 1, 2023.