BILL ANALYSIS



S.B. 1217
By: Ellis (Pitts)
May 15, 1995
Committee Report (Unamended)


BACKGROUND

Chapter 59, Code of Criminal Procedure, governs asset seizure and
forfeiture of contraband.  "Contraband" is defined to mean property
used in the commission of a specified list of offenses or the
proceeds received as a result of the commission of a specified list
of offenses.

PURPOSE

As proposed, S.B. 1217 sets forth the procedure for notification of
asset forfeiture of owners and interest holders of seized
contraband.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Articles 59.04(b), (c), and (i), Code of Criminal
Procedure, as follows:

     (b)  Makes a conforming change.
     
     (c)  Requires the attorney representing the state, if the
     addresses of the owner of a motor vehicle and interest holder
     are not otherwise known, to request a citation be served upon
     persons at the address listed with the Department of Highways
     and Public Transportation.  Requires the attorney for the
     state, if the citation to such address is returned unserved,
     to cause a copy of the notice of seizure and intended
     forfeiture to be posted at the courthouse door, to remain
     there for a period of not less than 30 days.  Requires the
     court, if the owner or interest holder does not answer or
     appear after the notice has been so posted, to enter a
     judgment by default as to the owner or interest holder,
     provided that the attorney representing the state files a
     written motion supported by affidavit setting forth the
     attempted service.  Prohibits an owner or interest holder
     whose interest is forfeited in this manner from being liable
     for court costs.  Requires notification to be provided to the
     possessor in the same manner specified for notification to an
     owner or interest holder if the person in possession of the
     vehicle at the time of seizure is not the owner or the
     interest holder of the vehicle.
     
     (i)  Makes a conforming change.
     
SECTION 2. Amends Article 59.05(e), Code of Criminal Procedure, to
provide that it is the intent of the legislature that asset
forfeiture is remedial in nature and not a form of punishment.

SECTION 3. Severability clause.

SECTION 4. Effective date: September 1, 1995.

SECTION 5. Emergency clause.

SUMMARY OF COMMITTEE ACTION

SB 1217 was considered by the full committee in a formal meeting on
May 15, 1995.  SB 1217 was reported favorably without amendment,
with the recommendation that it do pass and be printed and be sent
to the Local and Consent Calendars, by a record vote of 7 ayes, 0
nays, 0 pnv, and 2 absent.