By: Armbrister S.B. No. 563 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the protection of the interest of certain innocent 1-3 property owners in a criminal asset forfeiture proceeding. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Article 59.02, Code of Criminal Procedure, is 1-6 amended by adding Subsection (h) to read as follows: 1-7 (h)(1) An owner or interest holder's interest in property 1-8 may not be forfeited under this chapter if at the forfeiture 1-9 hearing the owner or interest holder proves by a preponderance of 1-10 the evidence that the owner or interest holder was not a party to 1-11 the offense giving rise to the forfeiture and that the contraband: 1-12 (A) was stolen from the owner or interest holder 1-13 before being used in the commission of the offense giving rise to 1-14 the forfeiture; 1-15 (B) was purchased with: 1-16 (i) money stolen from the owner or 1-17 interest holder; or 1-18 (ii) proceeds from the sale of property 1-19 stolen from the owner or interest holder; or 1-20 (C) was used or intended to be used without the 1-21 effective consent of the owner or interest holder in the commission 1-22 of the offense giving rise to the forfeiture. 1-23 (2) An attorney representing the state who has a 1-24 reasonable belief that property subject to forfeiture is described 1-25 by Subdivision (1) and who has a reasonable belief as to the 2-1 identity of the rightful owner or interest holder of the property 2-2 shall notify the owner or interest holder as provided by Article 2-3 59.04. 2-4 (3) An attorney representing the state is not liable 2-5 in an action for damages resulting from an act or omission in the 2-6 performance of the duties imposed by Subdivision (2). 2-7 (4) The exclusive remedy for failure by the attorney 2-8 representing the state to provide the notice required under 2-9 Subdivision (2) is submission of that failure as a ground for new 2-10 trial in a motion for new trial or bill of review. 2-11 SECTION 2. This Act takes effect September 1, 2001, and 2-12 applies to all property subject to Chapter 59, Code of Criminal 2-13 Procedure, as amended by this Act, for which a final judgment of 2-14 forfeiture has not been entered before that date.