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.