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A BILL TO BE ENTITLED
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AN ACT
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relating to civil asset forfeiture proceedings, to the seizure and |
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forfeiture of certain property, and to the reporting and |
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disposition of proceeds and property from civil asset forfeiture. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 59.02, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) Except as otherwise provided by Subsection (a-1), |
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property [Property] that is contraband is subject to seizure and |
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forfeiture under this chapter. |
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(a-1)(1) Property that is contraband is not subject to |
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seizure and forfeiture under this chapter if the property: |
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(A) is not otherwise unlawful to possess; and |
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(B) has an aggregate value of less than $2,500. |
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(2) For purposes of determining the aggregate value of |
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contraband under Subdivision (1), the owner or interest holder is |
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not required to have simultaneously owned or had an interest in all |
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of the property constituting contraband. |
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(3) Subdivision (1) does not apply to money that is |
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used by law enforcement during an undercover criminal investigation |
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of an offense under Subchapter D, Chapter 481, Health and Safety |
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Code. |
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SECTION 2. Article 59.021(d), Code of Criminal Procedure, |
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is amended to read as follows: |
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(d) After seizure of the substitute property, the |
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disposition shall proceed as other cases in this chapter except |
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that the attorney representing the state must prove by clear and |
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convincing [a preponderance of the] evidence: |
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(1) that the contraband described by Subsection (b) |
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was subject to seizure and forfeiture under this chapter; |
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(2) the highest fair market value of that contraband |
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during the period in which the owner of the substitute property |
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owned, or had an interest in, the contraband; |
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(3) the fair market value of the substitute property |
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at the time it was seized; and |
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(4) that the owner of the substitute property owned or |
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had an interest in contraband with an aggregate value of $200,000 or |
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more in connection with the commission of an underlying offense |
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giving rise to the forfeiture. |
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SECTION 3. Article 59.05(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) All cases under this chapter shall proceed to trial in |
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the same manner as in other civil cases. The state has the burden of |
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proving by clear and convincing [a preponderance of the] evidence |
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that property is subject to forfeiture. |
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SECTION 4. Chapter 59, Code of Criminal Procedure, is |
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amended by adding Article 59.063 to read as follows: |
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Art. 59.063. UNIFORM REPORTING REQUIREMENT FOR LAW |
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ENFORCEMENT AGENCIES. (a) A law enforcement agency engaged in the |
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seizure, forfeiture, receipt, or expenditure of proceeds and |
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property under this chapter shall submit a monthly report to the |
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attorney general's office. The monthly report must: |
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(1) include all of the information required by the |
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audit under Article 59.06(g)(1); and |
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(2) specify the number of seizures challenged or not |
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challenged by an owner or interest holder of the property. |
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(b) Each law enforcement agency shall file the report |
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described by Subsection (a) covering the seizure, forfeiture, |
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receipt, or expenditure of proceeds and property under this chapter |
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by the agency during the preceding month. An agency that did not |
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engage in a seizure or forfeiture during the reporting period must |
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indicate that fact in the report. |
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(c) The attorney general's office shall adopt a standard |
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form for the submission of a report under this section. |
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(d) Subject to Subsection (e), the attorney general's |
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office shall publish on the office's Internet website a monthly |
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report that includes each agency's specific information submitted |
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to the office under this section. The report must also aggregate the |
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information by law enforcement agency and include the total value |
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of proceeds and property seized by all law enforcement agencies |
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during the reporting period. |
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(e) The attorney general's report under Subsection (d) and |
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the Internet website may not include: |
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(1) the name, address, contact information, or other |
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identifying information of an owner or interest holder of the |
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seized or forfeited property or of another individual or entity |
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involved in the forfeiture proceeding; or |
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(2) the location, vehicle identification number, or |
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serial number of any seized or forfeited property. |
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SECTION 5. Articles 59.02, 59.021, and 59.05, Code of |
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Criminal Procedure, as amended by this Act, apply only to a |
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forfeiture proceeding that begins on or after the effective date of |
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this Act. A forfeiture proceeding that begins before the effective |
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date of this Act is governed by the law in effect on the date the |
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proceeding begins, and the former law is continued in effect for |
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that purpose. |
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SECTION 6. This Act takes effect September 1, 2023. |