SRC-MWN S.B. 563 77(R) BILL ANALYSIS Senate Research Center S.B. 563 77R5510 GWK-DBy: Armbrister Criminal Justice 2/19/2001 As Filed DIGEST AND PURPOSE Currently, 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. As proposed, S.B. 563 amends the Texas Code of Criminal Procedure, Article 5902 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), to prohibit 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 was stolen from the owner or interest holder before being used in the commission of the offense giving rise to the forfeiture; or was purchased with money stolen from the owner or interest holder; or proceeds from the sale of property stolen from the owner or interest holder. 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. SECTION 2. Effective date: September 1, 2001. Makes application of this Act prospective.