Texas Senate Bill SB352

Texas 2025 - 89th Regular

• Filed: 11/13/24

Caption

Relating to certain proceedings or procedures involving the disposition of certain contraband or abandoned or unclaimed property.

Impact

The bill impacts existing state laws by updating provisions related to property seizures that occur in connection with offenses, particularly for Class C misdemeanors. Law enforcement organizations now have heightened obligations, including providing notice to property owners when their belongings are seized. Moreover, failure to comply with the newly established notification procedures could result in civil actions against the state or political subdivisions, thereby facilitating greater protections for property owners and their rights. These changes are intended to streamline processes while also ensuring that individuals whose property has been seized have adequate opportunity to reclaim their property responsibly.

Summary

SB352 aims to amend the Code of Criminal Procedure with respect to the handling of certain contraband and abandoned or unclaimed property. The bill establishes new procedures surrounding the disposition of such property, enhancing accountability and transparency in law enforcement practices. One of the critical changes is that seized money can now be held in an interest-bearing account, with the interest being treated similarly to the principal in redistribution following legal outcomes. This modification seeks to create a fairer process regarding the handling of such finances, ensuring that the property is secured while legal matters are resolved.

Contention

Notable points of contention surrounding SB352 include the obligations imposed on law enforcement and the potential for legal challenges against the state when mishandling property seizure procedures. Some advocates express concern that the changes may lead to increased bureaucracy for law enforcement agencies, potentially complicating their operations. However, proponents argue that these amendments promote fairness and transparency, ensuring that property rights are respected and that the actions of law enforcement officials are held to a higher standard. The effective date for these changes is set for September 1, 2025.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 18. Search Warrants
  • Section: 17
  • Section: 18