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. 1-45 * * * * *