BILL ANALYSIS S.B. 1217 By: Ellis Criminal Justice 05-03-95 Committee Report (Amended) 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.