Enrolled Bill Summary

            Senate Bill 626 amends the Code of Criminal Procedure to establish procedures relating to the seizure of a depository account or other assets held by a regulated financial institution that are associated with a criminal proceeding. If the financial institution fails to follow those procedures, the bill authorizes the court that ordered the seizure or in which a forfeiture is pending to find the financial institution in contempt, and it requires the court to order the institution to pay damages, attorney's fees, and court costs. The bill prohibits the forfeiture of ownership interest in such assets if the owner or interest holder proves by a preponderance of the evidence certain facts relating to the circumstances under which the interest was acquired and perfected, including the timing of the acquisition and perfecting relative to the act or omission that gave rise to the forfeiture, and the owner or interest holder's lack of awareness of the act or omission. The bill also preserves the property interests of an owner or interest holder during the pendency of the forfeiture proceedings. The bill contains provisions relating to the confidentiality of information relating to forfeiture of such assets, providing that an offense relating to unauthorized disclosure of such information is punishable by confinement and a fine. The bill requires the attorney representing the state to notify the banking commissioner before taking any action that implicates an officer of a regulated financial institution, requires the commissioner to notify the appropriate state or federal regulator, and provides similar penalties for unauthorized disclosure of such information.