Texas 2023 - 88th Regular

Texas Senate Bill SB793

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to criminal asset forfeiture proceedings and the seizure and forfeiture of certain property.

Impact

The implications of SB 793 are significant for state laws concerning asset forfeiture. By amending the Code of Criminal Procedure, the bill not only aims to increase protections for property owners but also seeks to standardize the evidentiary requirements in forfeiture cases. For instance, the state will now be required to prove its case by 'clear and convincing evidence,' a higher standard than previously applied. This amendment is likely to reduce instances of wrongful seizures and ensure that property owners have a more robust defense against potential forfeiture, aligning the process with due process rights.

Summary

Senate Bill 793, proposed by Senator Hinojosa, aims to amend the procedures related to criminal asset forfeiture in Texas. The legislation seeks to clarify the circumstances under which property can be seized and forfeited, particularly emphasizing the conditions that must be met for an item to be classified as contraband. This bill introduces specific criteria that must be satisfied before property can be categorized as unlawful, notably if the property is not otherwise illegal to possess or if its use as evidence is prohibited. Such changes are designed to enhance fairness in the legal process surrounding asset forfeiture.

Sentiment

The sentiment surrounding SB 793 appears to be generally supportive among advocates for criminal justice reform, who view the bill as a necessary step toward protecting individual rights against aggressive enforcement practices. Supporters argue that the changes introduced by SB 793 are essential for maintaining fairness in the judicial system and preventing potential abuses of power. However, there may be concerns from law enforcement and other stakeholders regarding the potential implications for their ability to effectively combat crime, particularly as it relates to the seizure of assets.

Contention

Despite the overall positive reception, there are notable points of contention regarding the bill. Some legislators and law enforcement officials have voiced concerns about the higher burden of proof placed on the state and how it may hinder their ability to combat drug trafficking and organized crime. Critics argue that while it is essential to protect individual rights, the measures provided by SB 793 might impede necessary law enforcement operations. This balance between civil rights and effective law enforcement remains a focal point of the ongoing debate surrounding the bill.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

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

Parks And Wildlife Code

  • Chapter 12. Powers And Duties Concerning Wildlife
    • Section: 1106

Companion Bills

No companion bills found.

Similar Bills

HI SB149

Relating To Property Forfeiture.

LA SB359

Provides for civil forfeiture reform. (8/1/22)

WV HB2585

Relating generally to forfeiture of contraband

HI HB1965

Relating To Property Forfeiture.

WV HB4531

Relating generally to forfeiture of contraband

WV HB2072

Relating generally to forfeiture of contraband

WV HB2772

Relating generally to forfeiture of contraband

KS HB2380

Requiring a criminal conviction for civil asset forfeiture, remitting proceeds from civil asset forfeiture to the state general fund, increasing the burden of proof required to forfeit property, making certain property ineligible for forfeiture, providing persons involved in forfeiture proceedings representation by counsel and the ability to demand a jury trial and allowing a person to request a hearing on whether forfeiture is excessive.