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