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.