By Armbrister S.B. No. 563 77R5510 GWK-D 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; or 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. 1-20 (2) An attorney representing the state who has a 1-21 reasonable belief that property subject to forfeiture is described 1-22 by Subdivision (1) and who has a reasonable belief as to the 1-23 identity of the rightful owner or interest holder of the property 1-24 shall notify the owner or interest holder as provided by Article 2-1 59.04. 2-2 SECTION 2. This Act takes effect September 1, 2001, and 2-3 applies to all property subject to Chapter 59, Code of Criminal 2-4 Procedure, as amended by this Act, for which a final judgment of 2-5 forfeiture has not been entered before that date.