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.