Texas 2025 - 89th Regular

Texas Senate Bill SB352 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R4327 JRR-D
2	2	By: Eckhardt S.B. No. 352
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain proceedings or procedures involving the
10	10	disposition of certain contraband or abandoned or unclaimed
11	11	property.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 18.17(d-1), Code of Criminal Procedure,
14	14	is amended to read as follows:
15	15	(d-1) Notwithstanding Subsection (a), (b), (c), or (d), if
16	16	property described by Subsection (a), other than money, is seized
17	17	by a peace officer at the time the owner of the property is arrested
18	18	for an offense punishable as a Class C misdemeanor, the law
19	19	enforcement agency shall [may] provide notice to the owner at the
20	20	time the owner is taken into or released from custody. On
21	21	receiving the notice, the owner must sign the notice and attach a
22	22	thumbprint to the notice. The notice must include:
23	23	(1) a description of the property being held;
24	24	(2) the address where the property is being held; and
25	25	(3) a statement that if the owner does not claim the
26	26	property before the 31st day after the date the owner is released
27	27	from custody, the property will be disposed of and the proceeds of
28	28	the property, after deducting the reasonable expense of keeping and
29	29	disposing of the property, will be placed in the treasury of the
30	30	municipality or county providing the notice.
31	31	SECTION 2. Articles 18.18(b), (e), (f), and (g), Code of
32	32	Criminal Procedure, are amended to read as follows:
33	33	(b) If there is no prosecution or conviction following
34	34	seizure, the magistrate to whom the return was made shall notify in
35	35	writing the person found in possession of the alleged gambling
36	36	device or equipment, altered gambling equipment or gambling
37	37	paraphernalia, gambling proceeds, prohibited weapon, obscene
38	38	device or material, child pornography, scanning device or
39	39	re-encoder, criminal instrument, or dog-fighting equipment that
40	40	the state may initiate a proceeding to destroy or forfeit the
41	41	property seized and that the person may contest the destruction or
42	42	forfeiture by appearing before the magistrate on the 30th day after
43	43	the date the notice was posted [to show cause why the property
44	44	seized should not be destroyed or the proceeds forfeited]. [The
45	45	magistrate, on the motion of the law enforcement agency seizing a
46	46	prohibited weapon, shall order the weapon destroyed or forfeited to
47	47	the law enforcement agency seizing the weapon, unless a person
48	48	shows cause as to why the prohibited weapon should not be destroyed
49	49	or forfeited. A law enforcement agency shall make a motion under
50	50	this section in a timely manner after the time at which the agency
51	51	is informed in writing by the attorney representing the state that
52	52	no prosecution will arise from the seizure.]
53	53	(e) Any person interested in the alleged gambling device or
54	54	equipment, altered gambling equipment or gambling paraphernalia,
55	55	gambling proceeds, prohibited weapon, obscene device or material,
56	56	child pornography, scanning device or re-encoder, criminal
57	57	instrument, or dog-fighting equipment seized must appear before the
58	58	magistrate on the 30th [20th] day following the date the notice was
59	59	mailed or posted. Failure to timely appear forfeits any interest
60	60	the person may have in the property or proceeds seized, and no
61	61	person after failing to timely appear may contest destruction or
62	62	forfeiture.
63	63	(f) If a person timely appears before the magistrate in
64	64	accordance with Subsection (e) [to show cause why the property or
65	65	proceeds should not be destroyed or forfeited], the magistrate
66	66	shall conduct a hearing regarding whether the property or proceeds
67	67	should be destroyed or forfeited [on the issue] and determine the
68	68	nature of property or proceeds and the person's interest
69	69	therein. The state has the burden of proving that the state is
70	70	entitled to destroy or forfeit the property or proceeds by proving
71	71	[Unless the person proves] by a preponderance of the evidence that
72	72	the property or proceeds are [is not] gambling equipment, altered
73	73	gambling equipment, gambling paraphernalia, a gambling device,
74	74	gambling proceeds, a prohibited weapon, an obscene device or
75	75	material, child pornography, a criminal instrument, a scanning
76	76	device or re-encoder, or dog-fighting equipment. If the state
77	77	proves by a preponderance of the evidence that the state is entitled
78	78	to destroy or forfeit the property or proceeds [and that he is
79	79	entitled to possession], the magistrate shall dispose of the
80	80	property or proceeds in accordance with Subsection [Paragraph] (a)
81	81	[of this article]. If the state fails to prove by a preponderance
82	82	of the evidence that the state is entitled to destroy or forfeit the
83	83	property or proceeds, the property or proceeds, including the
84	84	interest earned on the proceeds if the proceeds were deposited in an
85	85	interest-bearing bank account under Article 18.183(a)(1), must be
86	86	returned to the interested party not later than the 61st day after
87	87	the date of the magistrate's ruling.
88	88	(g) For purposes of this article:
89	89	(1) "criminal instrument" has the meaning defined in
90	90	the Penal Code;
91	91	(2) "gambling device or equipment, altered gambling
92	92	equipment or gambling paraphernalia" has the meaning defined in the
93	93	Penal Code;
94	94	(3) "gambling proceeds" means:
95	95	(A) proceeds gained from the commission of an
96	96	offense under Chapter 47, Penal Code; and
97	97	(B) property acquired with proceeds described by
98	98	Paragraph (A);
99	99	(4) "prohibited weapon" has the meaning defined in the
100	100	Penal Code;
101	101	(5) [(4)] "dog-fighting equipment" means:
102	102	(A) equipment used for training or handling a
103	103	fighting dog, including a harness, treadmill, cage, decoy, pen,
104	104	house for keeping a fighting dog, feeding apparatus, or training
105	105	pen;
106	106	(B) equipment used for transporting a fighting
107	107	dog, including any automobile, or other vehicle, and its
108	108	appurtenances which are intended to be used as a vehicle for
109	109	transporting a fighting dog;
110	110	(C) equipment used to promote or advertise an
111	111	exhibition of dog fighting, including a printing press or similar
112	112	equipment, paper, ink, or photography equipment; or
113	113	(D) a dog trained, being trained, or intended to
114	114	be used to fight with another dog;
115	115	(6) [(5)] "obscene device" and "obscene" have the
116	116	meanings assigned by Section 43.21, Penal Code;
117	117	(7) [(6)] "re-encoder" has the meaning assigned by
118	118	Section 522.001, Business & Commerce Code;
119	119	(8) [(7)] "scanning device" has the meaning assigned
120	120	by Section 522.001, Business & Commerce Code; and
121	121	(9) [(8)] "obscene material" and "child pornography"
122	122	include digital images and the media and equipment on which those
123	123	images are stored.
124	124	SECTION 3. Article 18.183, Code of Criminal Procedure, is
125	125	amended to read as follows:
126	126	Art. 18.183. DEPOSIT OR STORAGE OF MONEY PENDING
127	127	DISPOSITION; CIVIL ACTION. (a) If money is seized by a law
128	128	enforcement agency in connection with a violation of Chapter 47,
129	129	Penal Code, the state or the political subdivision of the state that
130	130	employs the law enforcement agency:
131	131	(1) may deposit the money in an interest-bearing bank
132	132	account in the jurisdiction of the agency that made seizure or in
133	133	the county in which the money was seized until a final judgment is
134	134	rendered concerning the violation or in a forfeiture proceeding
135	135	under Article 18.18 arising out of the violation; and
136	136	(2) if the money is not deposited in an
137	137	interest-bearing bank account under Subdivision (1), shall deposit
138	138	or store the money in a readily accessible and secure manner until a
139	139	final judgment is rendered concerning the violation or in a
140	140	forfeiture proceeding under Article 18.18 arising out of the
141	141	violation.
142	142	(b) If a final judgment is rendered concerning a violation
143	143	of Chapter 47, Penal Code, or in a forfeiture proceeding under
144	144	Article 18.18 arising out of the violation, money seized in
145	145	connection with the violation that has been placed in an
146	146	interest-bearing bank account shall be distributed according to
147	147	this chapter, with any interest being distributed in the same
148	148	manner and used for the same purpose as the principal.
149	149	(c) If the state or a political subdivision of the state
150	150	fails to comply with Subsection (a)(2), a person may bring a civil
151	151	action against the state or the political subdivision for damages
152	152	incurred by the failure. Sovereign immunity of this state and
153	153	governmental immunity of a political subdivision to suit and from
154	154	liability are waived to the extent of liability created by this
155	155	subsection.
156	156	SECTION 4. The changes in law made by this Act apply only to
157	157	property or proceeds seized on or after the effective date of this
158	158	Act. Property or proceeds seized before the effective date of this
159	159	Act are governed by the law in effect on the date the property or
160	160	proceeds were seized, and the former law is continued in effect for
161	161	that purpose. For purposes of this section, property or proceeds
162	162	were seized before the effective date of this Act if any portion of
163	163	the property or proceeds were seized before that date.
164	164	SECTION 5. This Act takes effect September 1, 2025.