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.