By Hinojosa H.B. No. 2189
76R7631 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to criminal asset forfeiture of real property.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 59.05(d), Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 (d) A final conviction for an underlying offense is a
1-7 requirement for forfeiture of real property under this chapter. A
1-8 final conviction for an underlying offense is not a requirement
1-9 for forfeiture of property other than real property under this
1-10 chapter. An owner or interest holder of property other than real
1-11 property may present evidence of a dismissal or acquittal of an
1-12 underlying offense in a forfeiture proceeding, and evidence of an
1-13 acquittal raises a presumption that the property or interest that
1-14 is the subject of the hearing is nonforfeitable. This presumption
1-15 can be rebutted by evidence that the owner or interest holder knew
1-16 or should have known that the property was contraband.
1-17 SECTION 2. (a) The change in law made by this Act applies
1-18 only to property subject to forfeiture on the basis of an offense
1-19 committed on or after the effective date of this Act. For purposes
1-20 of this section, an offense is committed before the effective date
1-21 of this Act if any element of the offense occurs before the
1-22 effective date.
1-23 (b) Property subject to forfeiture on the basis of an
1-24 offense committed before the effective date of this Act is covered
2-1 by the law in effect when the offense was committed, and the former
2-2 law is continued in effect for that purpose.
2-3 SECTION 3. This Act takes effect September 1, 1999.
2-4 SECTION 4. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended.