1-1 AN ACT
1-2 relating to the protection of the interest of certain innocent
1-3 property owners in criminal asset forfeiture proceedings and to
1-4 certain procedures and training requirements regarding such
1-5 proceedings.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Article 59.02, Code of Criminal Procedure, is
1-8 amended by adding Subsection (h) to read as follows:
1-9 (h)(1) An owner or interest holder's interest in property
1-10 may not be forfeited under this chapter if at the forfeiture
1-11 hearing the owner or interest holder proves by a preponderance of
1-12 the evidence that the owner or interest holder was not a party to
1-13 the offense giving rise to the forfeiture and that the contraband:
1-14 (A) was stolen from the owner or interest holder
1-15 before being used in the commission of the offense giving rise to
1-16 the forfeiture;
1-17 (B) was purchased with:
1-18 (i) money stolen from the owner or
1-19 interest holder; or
1-20 (ii) proceeds from the sale of property
1-21 stolen from the owner or interest holder; or
1-22 (C) was used or intended to be used without the
1-23 effective consent of the owner or interest holder in the commission
1-24 of the offense giving rise to the forfeiture.
1-25 (2) An attorney representing the state who has a
2-1 reasonable belief that property subject to forfeiture is described
2-2 by Subdivision (1) and who has a reasonable belief as to the
2-3 identity of the rightful owner or interest holder of the property
2-4 shall notify the owner or interest holder as provided by Article
2-5 59.04.
2-6 (3) An attorney representing the state is not liable
2-7 in an action for damages resulting from an act or omission in the
2-8 performance of the duties imposed by Subdivision (2).
2-9 (4) The exclusive remedy for failure by the attorney
2-10 representing the state to provide the notice required under
2-11 Subdivision (2) is submission of that failure as a ground for new
2-12 trial in a motion for new trial or bill of review.
2-13 SECTION 2. Article 59.03, Code of Criminal Procedure, is
2-14 amended by adding Subsection (d) to read as follows:
2-15 (d) A person in the possession of property at the time a
2-16 peace officer seizes the property under this chapter may at the
2-17 time of seizure assert the person's interest in or right to the
2-18 property. A peace officer who seizes property under this chapter
2-19 may not at the time of seizure request, require, or in any manner
2-20 induce any person, including a person who asserts an interest in or
2-21 right to the property seized, to execute a document purporting to
2-22 waive the person's interest in or rights to the property.
2-23 SECTION 3. Subsection (g), Article 59.06, Code of Criminal
2-24 Procedure, is amended to read as follows:
2-25 (g)(1) All law enforcement agencies and attorneys
2-26 representing the state who receive proceeds or property under this
3-1 chapter shall account for the seizure, forfeiture, receipt, and
3-2 specific expenditure of all such proceeds and property in an audit,
3-3 which is to be performed annually by the commissioners court or
3-4 governing body of a municipality, as appropriate. The annual
3-5 period of the audit for a law enforcement agency is the fiscal year
3-6 of the appropriate county or municipality and the annual period for
3-7 an attorney representing the state is the state fiscal year. The
3-8 audit shall be completed on a form provided by the attorney
3-9 general. Certified copies of the audit shall be delivered by the
3-10 law enforcement agency or attorney representing the state to the
3-11 comptroller's office and the attorney general not later than the
3-12 30th day after the date on which the annual period that is the
3-13 subject of the audit ends.
3-14 (2) If a copy of the audit is not delivered to the
3-15 attorney general within the period required by Subdivision (1),
3-16 within five days after the end of the period the attorney general
3-17 shall notify the law enforcement agency or the attorney
3-18 representing the state of that fact. On a showing of good cause,
3-19 the attorney general may grant an extension permitting the agency
3-20 or attorney to deliver a copy of the audit after the period
3-21 required by Subdivision (1) and before the 46th day after the date
3-22 on which the annual period that is the subject of the audit ends.
3-23 If the law enforcement agency or the attorney representing the
3-24 state fails to establish good cause for not delivering the copy of
3-25 the audit within the period required by Subdivision (1) or fails to
3-26 deliver a copy of an audit within the extension period, the
4-1 attorney general shall notify the comptroller of that fact. On
4-2 notice under this subdivision, the comptroller shall perform the
4-3 audit otherwise required by Subdivision (1). At the conclusion of
4-4 the audit, the comptroller shall forward a copy of the audit to the
4-5 attorney general. The law enforcement agency or attorney
4-6 representing the state is liable to the comptroller for the costs
4-7 of the comptroller in performing the audit.
4-8 SECTION 4. Section 96.641, Education Code, is amended by
4-9 adding Subsection (j) to read as follows:
4-10 (j) As part of the initial training and continuing education
4-11 for police chiefs required under this section, the institute shall
4-12 establish a program on asset forfeiture under Chapter 59, Code of
4-13 Criminal Procedure. The program must include an examination of the
4-14 best practices for educating peace officers about asset forfeiture
4-15 and monitoring peace officers' compliance with laws relating to
4-16 asset forfeiture.
4-17 SECTION 5. Section 1701.253, Occupations Code, is amended by
4-18 adding Subsection (e) to read as follows:
4-19 (e) As part of the minimum curriculum requirements, the
4-20 commission shall establish a statewide comprehensive education and
4-21 training program on asset forfeiture under Chapter 59, Code of
4-22 Criminal Procedure, for officers licensed under this chapter. An
4-23 officer shall complete a program established under this subsection
4-24 not later than the second anniversary of the date the officer is
4-25 licensed under this chapter or the date the officer applies for an
4-26 intermediate proficiency certificate, whichever date is earlier.
5-1 SECTION 6. Section 1701.402, Occupations Code, is amended by
5-2 adding Subsection (d) to read as follows:
5-3 (d) As a requirement for an intermediate proficiency
5-4 certificate, an officer must complete an education and training
5-5 program on asset forfeiture established by the commission under
5-6 Section 1701.253(e).
5-7 SECTION 7. The change in law made by this Act to Article
5-8 59.03, Code of Criminal Procedure, applies only to a seizure of
5-9 property that occurs on or after the effective date of this Act.
5-10 For a seizure that occurs before the effective date of this Act,
5-11 the law in effect when the seizure occurred covers the proceeding,
5-12 and the former law is continued in effect for that purpose.
5-13 SECTION 8. Subsection (g), Article 59.06, Code of Criminal
5-14 Procedure, as amended by this Act, applies to the first audit
5-15 required to be performed by a commissioners court or governing body
5-16 on or after the effective date of this Act.
5-17 SECTION 9. Not later than January 1, 2002:
5-18 (1) the Commission on Law Enforcement Officer
5-19 Standards and Education shall establish an education and training
5-20 program on asset forfeiture as required by Subsection (e), Section
5-21 1701.253, Occupations Code, as added by this Act; and
5-22 (2) the Bill Blackwood Law Enforcement Management
5-23 Institute of Texas shall establish a program on asset forfeiture as
5-24 required by Subsection (j), Section 96.641, Education Code, as
5-25 added by this Act.
5-26 SECTION 10. A person who on the effective date of this Act
6-1 holds an intermediate proficiency certificate issued by the
6-2 Commission on Law Enforcement Officer Standards and Education or
6-3 has held a peace officer license issued by the Commission on Law
6-4 Enforcement Officer Standards and Education for at least two years
6-5 shall complete an education and training program on asset
6-6 forfeiture established under Subsection (e), Section 1701.253,
6-7 Occupations Code, as added by this Act, not later than September 1,
6-8 2002.
6-9 SECTION 11. An individual appointed or elected as a police
6-10 chief before the effective date of this Act shall complete a
6-11 program on asset forfeiture established under Subsection (j),
6-12 Section 96.641, Education Code, as added by this Act, not later
6-13 than September 1, 2002.
6-14 SECTION 12. Subsection (h), Article 59.02, Code of Criminal
6-15 Procedure, as added by this Act, applies to all property subject to
6-16 Chapter 59, Code of Criminal Procedure, for which a final judgment
6-17 has not been entered before the effective date of this Act.
6-18 SECTION 13. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 563 passed the Senate on
March 12, 2001, by a viva-voce vote; and that the Senate concurred
in House amendment on May 24, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 563 passed the House, with
amendment, on May 17, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor