By: Ellis S.B. No. 1217
A BILL TO BE ENTITLED
AN ACT
1-1 relating to notification of certain interest holders and owners of
1-2 seized contraband in forfeiture proceedings; providing that asset
1-3 forfeiture is remedial in nature rather than punitive.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsections (b), (c), and (i), Article 59.04,
1-6 Code of Criminal Procedure, are amended to read as follows:
1-7 (b) A forfeiture proceeding commences under this chapter
1-8 when the attorney representing the state files a notice of the
1-9 seizure and intended forfeiture in the name of the state with the
1-10 clerk of the district court in the county in which the seizure is
1-11 made. The attorney representing the state must attach to the
1-12 notice the peace officer's sworn statement under Article 59.03 of
1-13 this code. Except as provided by Subsection (c) of this article,
1-14 the <The> attorney representing the state shall cause certified
1-15 copies of the notice to be served on the following persons in the
1-16 same manner as provided for the service of process by citation in
1-17 civil cases:
1-18 (1) the owner of the property; and
1-19 (2) any interest holder in the property.
1-20 (c) If the property is a motor vehicle, and if there is
1-21 reasonable cause to believe that the vehicle has been registered
1-22 under the laws of this state, the attorney representing the state
1-23 shall ask the Texas <State> Department of <Highways and Public>
2-1 Transportation to identify from its records the record owner of the
2-2 vehicle and any interest holder. If the addresses of the owner and
2-3 interest holder are not otherwise known, the attorney representing
2-4 the state shall request citation be served on such persons at the
2-5 address listed with the Texas Department of Transportation. If the
2-6 citation issued to such address is returned unserved, the attorney
2-7 representing the state shall cause a copy of the notice of the
2-8 seizure and intended forfeiture to be posted at the courthouse
2-9 door, to remain there for a period of not less than 30 days. If
2-10 the owner or interest holder does not answer or appear after the
2-11 notice has been so posted, the court shall enter a judgment by
2-12 default as to the owner or interest holder, provided that the
2-13 attorney representing the state files a written motion supported by
2-14 affidavit setting forth the attempted service. An owner or
2-15 interest holder whose interest is forfeited in this manner shall
2-16 not be liable for court costs. If the person in possession of the
2-17 vehicle at the time of the seizure is not the owner or the interest
2-18 holder of the vehicle, notification shall be provided to the
2-19 possessor in the same manner specified for notification to an owner
2-20 or interest holder.
2-21 (i) Except as provided by Section (c) of this article, the
2-22 <The> attorney representing the state who commences the proceedings
2-23 shall cause the owner and any interest holder to be named as a
2-24 party and to be served with citation as provided by the Texas Rules
2-25 of Civil Procedure.
3-1 SECTION 2. Subsection (e), Article 59.05, Code of Criminal
3-2 Procedure, is amended to read as follows:
3-3 (e) It is the intention of the legislature that asset
3-4 forfeiture is remedial in nature and not a form of punishment. If
3-5 the court finds that all or any part of the property is subject to
3-6 forfeiture, the judge shall forfeit the property to the state, with
3-7 the attorney representing the state as the agent for the state,
3-8 except that if the court finds that the nonforfeitable interest of
3-9 an interest holder in the property is valued in an amount greater
3-10 than or substantially equal to the present value of the property,
3-11 the court shall order the property released to the interest holder.
3-12 If the court finds that the nonforfeitable interest of an interest
3-13 holder is valued in an amount substantially less than the present
3-14 value of the property and that the property is subject to
3-15 forfeiture, the court shall order the property forfeited to the
3-16 state with the attorney representing the state acting as the agent
3-17 of the state, and making necessary orders to protect the
3-18 nonforfeitable interest of the interest holder. On final judgment
3-19 of forfeiture, the attorney representing the state shall dispose of
3-20 the property in the manner required by Article 59.06 of this code.
3-21 SECTION 3. If any section, sentence, clause, or part of this
3-22 Act shall, for any reason, be held invalid, such invalidity shall
3-23 not affect the remaining portions of the Act, and it is hereby
3-24 declared to be the intention of this legislature to have passed
3-25 each section, sentence, clause, or part irrespective of the fact
4-1 that any other section, sentence, clause, or part may be declared
4-2 invalid.
4-3 SECTION 4. This Act takes effect September 1, 1995.
4-4 SECTION 5. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended.