1-1     By:  Armbrister                                        S.B. No. 563
 1-2           (In the Senate - Filed February 6, 2001; February 7, 2001,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     February 27, 2001, reported favorably, as amended, by the following
 1-5     vote:  Yeas 7, Nays 0; February 27, 2001, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                           By:  Armbrister
 1-7           Amend S.B. No. 563 by adding the following after line 41:
 1-8                 (3)  An attorney representing the state is not liable
 1-9     in an action for damages resulting from an act or omission in the
1-10     performance of the duties imposed by Subdivision (2).
1-11                 (4)  The exclusive remedy for failure by the attorney
1-12     representing the state to provide the notice required under
1-13     Subdivision (2) is submission of that failure as a ground for new
1-14     trial in a motion for  new trial or bill of review.
1-15                            A BILL TO BE ENTITLED
1-16                                   AN ACT
1-17     relating to the protection of the interest of certain innocent
1-18     property owners in a criminal asset forfeiture proceeding.
1-19           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20           SECTION 1.  Article 59.02, Code of Criminal Procedure, is
1-21     amended by adding Subsection (h) to read as follows:
1-22           (h)(1)  An owner or interest holder's interest in property
1-23     may not be forfeited under this chapter if at the forfeiture
1-24     hearing the owner or interest holder proves by a preponderance of
1-25     the evidence that the owner or interest holder was not a party to
1-26     the offense giving rise to the forfeiture and that the contraband:
1-27                       (A)  was stolen from the owner or interest holder
1-28     before being used in the commission of the offense giving rise to
1-29     the forfeiture; or
1-30                       (B)  was purchased with:
1-31                             (i)  money stolen from the owner or
1-32     interest holder; or
1-33                             (ii)  proceeds from the sale of property
1-34     stolen from the owner or interest holder.
1-35                 (2)  An attorney representing the state who has a
1-36     reasonable belief that property subject to forfeiture is described
1-37     by Subdivision (1) and who has a reasonable belief as to the
1-38     identity of the rightful owner or interest holder of the property
1-39     shall notify the owner or interest holder as provided by Article
1-40     59.04.
1-41           SECTION 2.  This Act takes effect September 1, 2001, and
1-42     applies to all property subject to Chapter 59, Code of Criminal
1-43     Procedure, as amended by this Act, for which a final judgment of
1-44     forfeiture has not been entered before that date.
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