|
Senate Bill 1451 |
Senate Author: Hinojosa |
|
Effective: 9-1-13 |
House Sponsor: Sheets |
Senate Bill 1451 amends the Code of Criminal Procedure and Penal Code to authorize a district court to issue a search warrant authorizing a peace officer to seize as substitute property that is not contraband any property of a person who is or was the owner or who has or had an interest in contraband with an aggregate value of $200,000 or more if the officer submits an affidavit containing certain statements and a description relating to the contraband and the commission of an offense giving rise to contraband forfeiture. The bill establishes provisions regarding the disposition of the substitute property after seizure, provides for the return of property when the fair market value of the substitute property seized exceeds the highest fair market value of the contraband, and sets out the circumstances under which its provisions regarding substitute property and contraband apply. The bill requires a peace officer who identifies contraband, other than real property, that is determined to be located outside of Texas to provide the attorney representing the state a sworn statement that identifies the contraband and the reasons the contraband is subject to seizure, establishes provisions regarding forfeiture of the contraband, and establishes a court's authority to enter judgments, order payments, and impose penalties when any person has acted to prevent the seizure and forfeiture of such contraband after being served with a citation. The bill requires a peace officer who identifies proceeds that are gained from the commission of certain specified offenses to provide the attorney representing the state with an affidavit that identifies the amount of the proceeds and states probable cause that the proceeds are contraband subject to forfeiture and authorizes the attorney representing the state, on receiving the affidavit, to file for a judgment in that amount. The bill requires the court to order that citation be served on all defendants named in a suit on a determination that probable cause exists for the suit to proceed and makes each person who is shown to have been a party to an underlying offense for which the proceeds are subject to forfeiture jointly and severally liable in the suit. The bill prohibits a court, if property or proceeds are awarded or forfeited to the state for an underlying offense, from awarding or forfeiting additional property or proceeds that would exceed the highest fair market value of the contraband subject to forfeiture for that offense and authorizes calculation of the highest fair market value at any time during the period in which the applicable person owned, possessed, or had an interest in the contraband.