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.