By Hinojosa H.B. No. 2696
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain provisions in civil asset forfeiture.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 59.01 of the Code of Criminal Procedure is
1-5 amended to read as follows:
1-6 (C) the proceeds gained from the commission of a
1-7 felony listed in Paragraph (A) or (B) of this subdivision or a
1-8 crime of violence, save for currency valued less than $10,000 in
1-9 personal possession at the time of seizure; or
1-10 (D) acquired with proceeds gained from the
1-11 commission of a felony listed in Paragraph (A) or (B) of this
1-12 subdivision or a crime of violence, save for currency valued less
1-13 than $10,000 in personal possession at the time of seizure.
1-14 SECTION 2. Article 59.02 of the Code of Criminal Procedure
1-15 is amended to read as follows:
1-16 (g) For any property, which is contraband by virtue of a
1-17 temporary conveyance, and which is contraband in related offenses
1-18 three separate times in any two year period, the transferor cannot
1-19 avail himself of the defense found in Subsection (c)(2).
1-20 (h) The forfeiture provisions of this chapter apply to
1-21 contraband as defined by Article 59.01(2)(b)(iv) of this code only
1-22 in a municipality with a population of 250,000 or more.
2-1 SECTION 3. Article 59.03 of the Code of Criminal Procedure
2-2 is amended by adding Subsection (c) to read as follows:
2-3 (c) No forfeiture proceeding shall be brought more than one
2-4 year after trial or plea of guilty or nolo contendre, of if none of
2-5 the preceding conditions was met, two years after the date of the
2-6 illegal activities alleged.
2-7 SECTION 4. Article 59.05 of the Code of Criminal Procedure
2-8 is amended to read as follows:
2-9 (d) A final conviction for an underlying offense is not a
2-10 requirement for forfeiture under this chapter. An owner or
2-11 interest holder may present evidence of a dismissal or acquittal of
2-12 an underlying offense in a forfeiture proceeding, and evidence of
2-13 an acquittal raises an unrebuttable presumption that the property
2-14 or interest that is the subject of the hearing is nonforfeitable.
2-15 [This presumption can be rebutted by evidence that the owner or
2-16 interest holder knew or should have known that the property was
2-17 contraband.]
2-18 (g) A final judgement on the forfeiture action shall not be
2-19 entered until after the resolution of all criminal matters
2-20 associated with the forfeited property, or, for cases in which no
2-21 criminal charges are pursued, one year.
2-22 SECTION 5. Article 59.06 of the Code of Criminal Procedure
2-23 is amended to read as follows:
2-24 (a) Except as provided by Subsection (k), all forfeited
2-25 property shall be administered by the attorney representing the
2-26 state, acting as the agent of the state, in accordance with
3-1 accepted accounting practices and with the provisions of any local
3-2 agreement entered into between the attorney representing the state
3-3 and law enforcement agencies, subject to the provisions of
3-4 Subsection (p).
3-5 (p) No contraband shall be directed through the federal
3-6 forfeiture procedures, unless a judge has found more than
3-7 incidental federal involvement.
3-8 SECTION 6. Article 59.06 of the Code of Criminal Procedure
3-9 is amended to read as follows:
3-10 (g) (1) All law enforcement agencies and attorneys
3-11 representing the state who receive proceeds or property under this
3-12 chapter shall account for the seizure, forfeiture, receipt, and
3-13 specific expenditure of all such proceeds and property in an audit,
3-14 which is to be performed annually by the commissioners court or
3-15 governing body of a municipality, as appropriate. The annual
3-16 period of the audit for a law enforcement agency is the fiscal year
3-17 of the appropriate county or municipality and the annual period for
3-18 an attorney representing the state is the fiscal year. The audit
3-19 shall be completed on a form provided by the attorney general.
3-20 Certified copies of the audit shall be delivered by the law
3-21 enforcement agency or attorney representing the state to the
3-22 attorney general not later than the 30th day after the date on
3-23 which the annual period that is the subject of the audit ends.
3-24 (2) If the audit is not received by the attorney
3-25 general's office by the 30th day, the attorney general shall notify
3-26 the state comptroller's office. The comptroller's office will then
4-1 audit the defaulting agency or office. At the conclusion of the
4-2 audit, the costs shall be deducted from the proceeds and property
4-3 at issue, not to exceed the value of the proceeds and property.
4-4 The remaining proceeds and property, if any, shall then enter into
4-5 a fund to be administered by the Governor's office, save that the
4-6 funds may not be directed to the defaulting agency or office.
4-7 SECTION 7. Article 59.09 of the Code of Criminal Procedure
4-8 is amended to read as follows:
4-9 (a) This chapter is not intended to abridge an accused
4-10 person's right to counsel in a criminal case.
4-11 (b) If the interested party is also a defendant in the
4-12 underlying criminal action, and counsel is provided by the state,
4-13 the counsel can be available for the forfeiture action, with the
4-14 attorney's remuneration to follow the standards in criminal
4-15 indigent representation.
4-16 SECTION 8. Section 6 of this Act takes effect September 1,
4-17 2001, unless that date falls outside of the agency's annual period.
4-18 In that case, this Act take effect at the beginning of the next
4-19 annual period subsequent to September 1, 2001. The remainder of
4-20 this Act takes effect September 1, 2001.