SRC-S.B. 563 77(R)BILL ANALYSIS Senate Research CenterS.B. 563 By: Armbrister Criminal Justice 6/18/2001 Enrolled DIGEST AND PURPOSE Innocent victims of crimes are not protected from theft or burglary where seized property was either obtained by criminal means or was acquired with proceeds from property obtained by criminal means. S.B. 563 amends the Texas Code of Criminal Procedure, Article 59.02 by adding Subsection (h) to provide that an owner or interest holder's interest in property is prohibited from being forfeited if at the forfeiture hearing the owner or interest holder proves by a preponderance of the evidence that the owner or interest holder meets certain conditions. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 59.02, Code of Criminal Procedure, by adding Subsection (h), as follows: (h)(1) Prohibits an owner or interest holder's interest in property from being forfeited under this chapter if at the forfeiture hearing the owner or interest holder proves by a preponderance of the evidence that the owner or interest holder was not a party to the offense giving rise to the forfeiture and that the contraband meets certain criteria. (2) Requires an attorney representing the state who has a reasonable belief that property subject to forfeiture is described by Subdivision (1) and who has a reasonable belief as to the identity of the rightful owner or interest holder of the property to notify the owner or interest holder as provided by Article 59.04. (3) Provides that an attorney representing the state is not liable in an action for damages resulting from an act or omission in the performance of the duties imposed by Subsection (2). (4) Provides that the exclusive remedy for failure by the attorney representing the state to provide the notice required under Subsection (2) is submission of that failure as a ground for new trial in a motion for new trial or bill of review. SECTION 2. Amends Article 59.03, Code of Criminal Procedure, by adding Subsection (d), to authorize a person in the possession of property at the time a peace officer seizes the property under this chapter to at the time of seizure assert the person's interest in or right to the property. Prohibits a peace officer who seizes property under this chapter from at the time of seizure requesting, requiring, or in any manner inducing any person, including a person who asserts an interest in or right to the property seized, to execute a document purporting to waive the person's interest in or rights to the property. SECTION 3. Amends Article 59.06(g), Code of Criminal Procedure, to provide that if a copy of the audit is not delivered to the attorney general within the period required by Subdivision (1), within five days after the end of the period the attorney general is required to notify the law enforcement agency or the attorney representing the state of that fact. Authorizes the attorney general, on a showing of good cause, to grant an extension permitting the agency or attorney to deliver a copy of the audit after the period required by Subdivision (1) and before the 46th day after the date on which the annual period that is the subject of the audit ends. Provides that if the law enforcement agency or the attorney representing the state fails to establish good cause for not delivering the copy of the audit within the period required by Subdivision (1) or fails to deliver a copy of an audit within the extension period, the attorney general is required to notify the comptroller of that fact. Requires the comptroller, on notice under this subdivision, to perform the audit otherwise required by Subdivision (1). Requires the comptroller, at the conclusion of the audit, to forward a copy of the audit to the attorney general. Provides that the law enforcement agency or attorney representing the state is liable to the comptroller for the costs of the comptroller in performing the audit. SECTION 4. Amends Section 96.641, Education Code, by adding Subsection (j) to require the institute, as part of the initial training and continuing education for police chiefs required under this section, to establish a program on asset forfeiture under Chapter 59, Code of Criminal Procedure. Requires the program to include an examination of the best practices for educating peace officers about asset forfeiture and monitoring peace officers' compliance with laws relating to asset forfeiture. SECTION 5. Amends Section 1701.253, Occupations Code, by adding Subsection (e) to require the Commission on Law Enforcement Officer Standards and Education (commission), as part of the minimum curriculum requirements, to establish a statewide comprehensive education and training program on asset forfeiture under Chapter 59, Code of Criminal Procedure, for officers licensed under this chapter. Requires an officer to complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. SECTION 6. Amends Section 1701.402, Occupations Code, by adding Subsection (d) to require an officer, as a requirement for an intermediate proficiency certificate, to complete an education and training program on asset forfeiture established by the commission under Section 1701.253(e). SECTION 7. Makes application of this Act prospective. SECTION 8. Provides that Article 59.06(g), Code of Criminal Procedure, as amended by this Act, applies to the first audit required to be performed by a commissioners court or governing body on or after the effective date of this Act. SECTION 9. Requires not later than January 1, 2002 the commission and the Bill Blackwood Law Enforcement Management Institute of Texas (institute) to establish certain programs. SECTION 10. Requires a person who on the effective date of this Act holds an intermediate proficiency certificate issued by the commission or has held a peace officer license issued by the commission for at least two years to complete an education and training program on asset forfeiture established under Subsection (e), Section 1701.253, Occupations Code, as added by this Act, not later than September 1, 2002. SECTION 11. Requires an individual appointed or elected as a police chief before the effective date of this Act to complete a program on asset forfeiture established under Subsection (j), Section 96.641, Education Code, as added by this Act, not later than September 1, 2002. SECTION 12. Provides that Article 59.02(h), Code of Criminal Procedure, as added by this Act, applies to all property subject to Chapter 59, Code of Criminal Procedure, for which a final judgment has not been entered before the effective date of this Act. SECTION 13. Effective date: September 1, 2001.