Texas 2025 - 89th Regular

Texas Senate Bill SB839

Filed

1/17/25

Out of Senate Committee

Voted on by Senate

Out of House Committee

Voted on by House

Governor Action

Bill Becomes Law

Caption

Relating to asset forfeiture under the Code of Criminal Procedure.

Impact

The implications of SB839 are considerable, as it seeks to reform the way asset forfeiture operates in Texas. By granting exemptions for lower-valued vehicles and protecting innocent owners, the bill aims to prevent the misuse of forfeiture laws, which critics argue can lead to unjust property loss without due process. Moreover, the legislation mandates the establishment of a case tracking system by the attorney general to track data on property seized and forfeited, which will promote transparency and accountability within law enforcement agencies regarding asset forfeiture activities.

Summary

Senate Bill 839, entitled 'Relating to asset forfeiture under the Code of Criminal Procedure,' proposes significant amendments to existing asset forfeiture laws in Texas. The bill introduces new provisions regarding the treatment of property seized by law enforcement, establishing a threshold exemption for motor vehicles valued at less than $10,000, which cannot be forfeited. Additionally, it enshrines the principle that property belonging to an 'innocent owner' is protected from forfeiture, meaning individuals who are not implicated in criminal activity cannot lose their property through such proceedings. These changes aim to enhance the protections for property owners and mitigate against wrongful seizures.

Contention

Notably, the bill has been met with both support and opposition. Proponents argue that these reforms are necessary to ensure fairness in the justice system and to protect citizens’ rights, responding to longstanding concerns that asset forfeiture laws disproportionately impact individuals without criminal ties. Conversely, some law enforcement agencies and certain policymakers express concerns that such restrictions could hinder their ability to combat crime effectively. They argue that asset forfeiture is a vital tool for deterring illegal activities and funding law enforcement operations, potentially leading to debates about the balance between civil liberties and crime control.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

Chapter 59. Forfeiture Of Contraband
- Section: New Section

Companion Bills

No companion bills found.

Similar Bills

HI HB1965

Relating To Property Forfeiture.

HI SB149

Relating To Property Forfeiture.

KS HB2606

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, requiring courts to make a finding that forfeiture is not excessive, restricting actions prior to commencement of forfeiture proceedings, requiring probable cause affidavit filing and review to commence proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence and authorizing courts to order payment of attorney fees and costs for certain claimants.

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.

KS SB458

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, providing limitations on state and local law enforcement agency requests for federal adoption of a seizure under the act, requiring probable cause affidavit filing and review to commence forfeiture proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence, authorizing courts to order payment of attorney fees and costs for certain claimants and requiring the Kansas bureau of investigation to submit forfeiture fund financial reports to the legislature.