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 under Chapter 59, Code
    1-3  of Criminal Procedure; providing that asset forfeiture is remedial
    1-4  in nature, rather than punitive.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subsections (b), (c), and (i), Article 59.04,
    1-7  Code of Criminal Procedure, are amended to read as follows:
    1-8        (b)  A forfeiture proceeding commences under this chapter
    1-9  when the attorney representing the state files a notice of the
   1-10  seizure and intended forfeiture in the name of the state with the
   1-11  clerk of the district court in the county in which the seizure is
   1-12  made.  The attorney representing the state must attach to the
   1-13  notice the peace officer's sworn statement under Article 59.03 of
   1-14  this code.  Except as provided by subsection (c) of this article,
   1-15  the <The> attorney representing the state shall cause certified
   1-16  copies of the notice to be served on the following persons in the
   1-17  same manner as provided for the service of process by citation in
   1-18  civil cases:
   1-19              (1)  the owner of the property; and
   1-20              (2)  any interest holder in the property.
   1-21        (c)  If the property is a motor vehicle, and if there is
   1-22  reasonable cause to believe that the vehicle has been registered
   1-23  under the laws of this state, the attorney representing the state
    2-1  shall ask the State Department of Highways and Public
    2-2  Transportation to identify from its records the owner of the
    2-3  vehicle and any interest holder.  If the addresses of the owner and
    2-4  interest holder are not otherwise known, the attorney representing
    2-5  the state shall request citation be served upon such persons at the
    2-6  address listed with the State Department of Highways and Public
    2-7  Transportation.  If the citation to such address is returned
    2-8  unserved, the attorney representing the State shall cause a copy of
    2-9  the notice of seizure and intended forfeiture to be posted at the
   2-10  court house door, to remain there for a period of not less than
   2-11  thirty days.  If the owner or interest holder does not answer or
   2-12  appear after the notice has been so posted, the court shall enter a
   2-13  judgment by default as to the owner or interest holder, provided
   2-14  that the attorney representing the state files a written motion
   2-15  supported by affidavit setting forth the attempted service.  An
   2-16  owner or interest holder whose interest is forfeited in this manner
   2-17  shall not be liable for court costs.  If the person in possession
   2-18  of the vehicle at the time of seizure is not the owner or the
   2-19  interest holder of the vehicle, notification shall be provided to
   2-20  the possessor in the same manner specified for notification to an
   2-21  owner or interest holder.
   2-22        (i)  Except as provided by Section (c) of this article, the
   2-23  <The> attorney representing the state who commences the proceedings
   2-24  shall cause the owner and any interest holder to be named as a
   2-25  party and to be served with citation as provided by the Texas Rules
    3-1  of Civil Procedure.
    3-2        SECTION 2.  Subsection (e), Article 59.05, Code of Criminal
    3-3  Procedure, is amended to read as follows:
    3-4        It is the intention of the legislature that asset forfeiture
    3-5  serve as restitution to the state, designed to make the state and
    3-6  its agencies whole.  It is remedial in nature and not a form of
    3-7  punishment.  If the court finds that all or any part of the
    3-8  property is subject to forfeiture, the judge shall forfeit the
    3-9  property to the state, with the attorney representing the state as
   3-10  the agent of the state, except that if the court finds that the
   3-11  nonforfeitable interest of an interest holder in the property is
   3-12  valued in an amount greater than or substantially equal to the
   3-13  present value of the property, the court shall order the property
   3-14  released to the interest holder.  If the court finds that the
   3-15  nonforfeitable interest of an interest holder is valued in an
   3-16  amount substantially less than the present value of the property
   3-17  and that the property is subject to forfeiture, the court shall
   3-18  order the property forfeited to the state with the attorney
   3-19  representing the state acting as the agent of the state, and making
   3-20  necessary orders to protect the nonforfeitable interest of the
   3-21  interest holder.  On final judgment of forfeiture, the attorney
   3-22  representing the state shall dispose of the property in the manner
   3-23  required by Article 59.06 of this code.
   3-24        SECTION 3.  SEVERABILITY.  If any section, sentence, clause,
   3-25  or part of this Act shall, for any reason, be held invalid, such
    4-1  invalidity shall not affect the remaining portions of the Act, and
    4-2  it is hereby declared to be the intention of this legislature to
    4-3  have passed each section, sentence, clause, or part irrespective of
    4-4  the fact that any other section, sentence, clause, or part may be
    4-5  declared invalid.
    4-6        SECTION 4.  EFFECTIVE DATE.  This Act takes effect on
    4-7  September 1, 1995.
    4-8        SECTION 5.  EMERGENCY.  The importance of this legislation
    4-9  and the crowded condition of the calendars in both houses create an
   4-10  emergency and an imperative public necessity that the
   4-11  constitutional rule requiring bills to be read on three several
   4-12  days in each house be suspended, and this rule is hereby suspended,
   4-13  and that this Act take effect and be in force from and after its
   4-14  passage, and it is so enacted.