By Armbrister S.B. No. 1315 76R7543 GWK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the forfeiture of substitute property in a criminal 1-3 asset forfeiture proceeding. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Article 59.05(e), Code of Criminal Procedure, is 1-6 amended to read as follows: 1-7 (e)(1) It is the intention of the legislature that asset 1-8 forfeiture is remedial in nature and not a form of punishment. 1-9 (2) If the court finds that all or any part of the 1-10 property is subject to forfeiture, the judge shall forfeit the 1-11 property to the state, with the attorney representing the state as 1-12 the agent for the state, except that if the court finds that the 1-13 nonforfeitable interest of an interest holder in the property is 1-14 valued in an amount greater than or substantially equal to the 1-15 present value of the property, the court shall order the property 1-16 released to the interest holder. 1-17 (3) If the court finds that the nonforfeitable 1-18 interest of an interest holder is valued in an amount substantially 1-19 less than the present value of the property and that the property 1-20 is subject to forfeiture, the court shall order the property 1-21 forfeited to the state with the attorney representing the state 1-22 acting as the agent of the state, and making necessary orders to 1-23 protect the nonforfeitable interest of the interest holder. 1-24 (4) The court may order the forfeiture of property 2-1 owned by a person that otherwise is not subject to forfeiture under 2-2 this article if the court finds that property of the person that 2-3 has been forfeited under this subsection, as a result of an act or 2-4 omission of the person: 2-5 (A) cannot be located on exercise of due 2-6 diligence; 2-7 (B) has been transferred or sold to or deposited 2-8 with a third party; 2-9 (C) has been placed beyond the jurisdiction of 2-10 the court; 2-11 (D) has been substantially diminished in value; 2-12 or 2-13 (E) has been commingled with other property that 2-14 cannot be divided without difficulty. 2-15 (5) In ordering the forfeiture of substitute assets 2-16 under Subdivision (4), the court may not order the forfeiture of 2-17 property with a value greater than the value of the property 2-18 originally ordered forfeited by the court. 2-19 (6) On final judgment of forfeiture, the attorney 2-20 representing the state shall dispose of the property in the manner 2-21 required by Article 59.06 of this code. 2-22 SECTION 2. The change in law made by this Act to Article 2-23 59.05(e), Code of Criminal Procedure, authorizes a court to order 2-24 the forfeiture of substitute assets for any property originally 2-25 ordered forfeited by the court, regardless of whether the original 2-26 order of forfeiture occurred before, on, or after the effective 2-27 date of this Act. 3-1 SECTION 3. This Act takes effect September 1, 1999. 3-2 SECTION 4. The importance of this legislation and the 3-3 crowded condition of the calendars in both houses create an 3-4 emergency and an imperative public necessity that the 3-5 constitutional rule requiring bills to be read on three several 3-6 days in each house be suspended, and this rule is hereby suspended.