SRC-S.B. 563 77(R)BILL ANALYSIS


Senate Research CenterS.B. 563
77R5510 GWK-DBy: Armbrister
Criminal Justice
2/22/2001
Committee Report (Amended)


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
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), 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. 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 (h)(2). Provides that the exclusive remedy for failure by the
attorney representing the state to provide the notice required under
Subsection (h)(2) is submission of that failure as a ground for new trial
in a motion for new trial or bill of review. 

SECTION 2. Effective date: September 1, 2001.
                      Makes application of this Act prospective.

SUMMARY OF COMMITTEE CHANGES

SECTION 1. Amends As Filed S.B. 563, Article 59.02, Code of Criminal
Procedure, as follows: 

_Adds new language regarding an attorney representing the state not being
liable in an action for damages resulting from an Act or omission in the
performance of the duties imposed by Subsection (h)(2).  

_Adds new language regarding the exclusive remedy for failure by the
attorney representing the state to provide the notice required under
Subsection (h)(2). 
 
SECTION 2. No change.