| 1 | 1 | | 89R11393 LHC-D |
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| 2 | 2 | | By: Dutton H.B. No. 2936 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to asset forfeiture proceedings under the Code of Criminal |
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| 10 | 10 | | Procedure. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Article 59.05, Code of Criminal Procedure, is |
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| 13 | 13 | | amended by adding Subsection (b-1) and amending Subsection (d) to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | (b-1) In a forfeiture proceeding under this chapter, the |
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| 16 | 16 | | attorney representing the state may only present evidence the |
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| 17 | 17 | | admissibility of which would not be prohibited under Article 38.23 |
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| 18 | 18 | | in the prosecution of the underlying offense giving rise to the |
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| 19 | 19 | | forfeiture. |
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| 20 | 20 | | (d) A final conviction for an underlying offense is required |
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| 21 | 21 | | [not a requirement] for forfeiture under this chapter. The court |
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| 22 | 22 | | shall dismiss a forfeiture proceeding on proof [An owner or |
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| 23 | 23 | | interest holder may present evidence] of a dismissal or acquittal |
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| 24 | 24 | | of the [an] underlying offense regardless of whether the owner or |
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| 25 | 25 | | interest holder has met any requirements under the Texas Rules of |
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| 26 | 26 | | Civil Procedure in the forfeiture proceeding, including answering |
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| 27 | 27 | | the state's civil complaint [in a forfeiture proceeding, and |
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| 28 | 28 | | evidence of an acquittal raises a presumption that the property or |
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| 29 | 29 | | interest that is the subject of the hearing is nonforfeitable. This |
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| 30 | 30 | | presumption can be rebutted by evidence that the owner or interest |
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| 31 | 31 | | holder knew or should have known that the property was contraband]. |
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| 32 | 32 | | SECTION 2. The change in law made by this Act applies only |
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| 33 | 33 | | to property subject to forfeiture on the basis of an offense |
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| 34 | 34 | | committed on or after the effective date of this Act. Property |
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| 35 | 35 | | subject to forfeiture on the basis of an offense committed before |
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| 36 | 36 | | the effective date of this Act is governed by the law in effect on |
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| 37 | 37 | | the date the offense was committed, and the former law is continued |
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| 38 | 38 | | in effect for that purpose. For purposes of this section, an |
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| 39 | 39 | | offense was committed before the effective date of this Act if any |
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| 40 | 40 | | element of the offense occurred before that date. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2025. |
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