1-1 By: Ellis S.B. No. 1217
1-2 (In the Senate - Filed March 10, 1995; March 16, 1995, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 May 2, 1995, reported favorably, as amended, by the following vote:
1-5 Yeas 5, Nays 0; May 2, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: West
1-7 Amend S.B. No. 1217, SECTION 2, as follows:
1-8 On page 2, line 20 (committee printing page 1, lines 64-65),
1-9 strike the words after "forfeiture" through the word "It" on line
1-10 21.
1-11 A BILL TO BE ENTITLED
1-12 AN ACT
1-13 relating to notification of certain interest holders and owners of
1-14 seized contraband in forfeiture proceedings; providing that asset
1-15 forfeiture is remedial in nature rather than punitive.
1-16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-17 SECTION 1. Subsections (b), (c), and (i), Article 59.04,
1-18 Code of Criminal Procedure, are amended to read as follows:
1-19 (b) A forfeiture proceeding commences under this chapter
1-20 when the attorney representing the state files a notice of the
1-21 seizure and intended forfeiture in the name of the state with the
1-22 clerk of the district court in the county in which the seizure is
1-23 made. The attorney representing the state must attach to the
1-24 notice the peace officer's sworn statement under Article 59.03 of
1-25 this code. Except as provided by Subsection (c) of this article,
1-26 the <The> attorney representing the state shall cause certified
1-27 copies of the notice to be served on the following persons in the
1-28 same manner as provided for the service of process by citation in
1-29 civil cases:
1-30 (1) the owner of the property; and
1-31 (2) any interest holder in the property.
1-32 (c) If the property is a motor vehicle, and if there is
1-33 reasonable cause to believe that the vehicle has been registered
1-34 under the laws of this state, the attorney representing the state
1-35 shall ask the Texas <State> Department of <Highways and Public>
1-36 Transportation to identify from its records the record owner of the
1-37 vehicle and any interest holder. If the addresses of the owner and
1-38 interest holder are not otherwise known, the attorney representing
1-39 the state shall request citation be served on such persons at the
1-40 address listed with the Texas Department of Transportation. If the
1-41 citation issued to such address is returned unserved, the attorney
1-42 representing the state shall cause a copy of the notice of the
1-43 seizure and intended forfeiture to be posted at the courthouse
1-44 door, to remain there for a period of not less than 30 days. If
1-45 the owner or interest holder does not answer or appear after the
1-46 notice has been so posted, the court shall enter a judgment by
1-47 default as to the owner or interest holder, provided that the
1-48 attorney representing the state files a written motion supported by
1-49 affidavit setting forth the attempted service. An owner or
1-50 interest holder whose interest is forfeited in this manner shall
1-51 not be liable for court costs. If the person in possession of the
1-52 vehicle at the time of the seizure is not the owner or the interest
1-53 holder of the vehicle, notification shall be provided to the
1-54 possessor in the same manner specified for notification to an owner
1-55 or interest holder.
1-56 (i) Except as provided by Section (c) of this article, the
1-57 <The> attorney representing the state who commences the proceedings
1-58 shall cause the owner and any interest holder to be named as a
1-59 party and to be served with citation as provided by the Texas Rules
1-60 of Civil Procedure.
1-61 SECTION 2. Subsection (e), Article 59.05, Code of Criminal
1-62 Procedure, is amended to read as follows:
1-63 (e) It is the intention of the legislature that asset
1-64 forfeiture serve as restitution to the state, designed to make the
1-65 state and its agencies whole. It is remedial in nature and not a
1-66 form of punishment. If the court finds that all or any part of the
1-67 property is subject to forfeiture, the judge shall forfeit the
1-68 property to the state, with the attorney representing the state as
2-1 the agent for the state, except that if the court finds that the
2-2 nonforfeitable interest of an interest holder in the property is
2-3 valued in an amount greater than or substantially equal to the
2-4 present value of the property, the court shall order the property
2-5 released to the interest holder. If the court finds that the
2-6 nonforfeitable interest of an interest holder is valued in an
2-7 amount substantially less than the present value of the property
2-8 and that the property is subject to forfeiture, the court shall
2-9 order the property forfeited to the state with the attorney
2-10 representing the state acting as the agent of the state, and making
2-11 necessary orders to protect the nonforfeitable interest of the
2-12 interest holder. On final judgment of forfeiture, the attorney
2-13 representing the state shall dispose of the property in the manner
2-14 required by Article 59.06 of this code.
2-15 SECTION 3. If any section, sentence, clause, or part of this
2-16 Act shall, for any reason, be held invalid, such invalidity shall
2-17 not affect the remaining portions of the Act, and it is hereby
2-18 declared to be the intention of this legislature to have passed
2-19 each section, sentence, clause, or part irrespective of the fact
2-20 that any other section, sentence, clause, or part may be declared
2-21 invalid.
2-22 SECTION 4. This Act takes effect September 1, 1995.
2-23 SECTION 5. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.
2-28 * * * * *