SRC-TAG H.B. 3377 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 3377
78R12573 GWK-DBy: Rangel et al (Lucio)
Criminal Justice
5/10/2003
Engrossed


DIGEST AND PURPOSE 

The Sarita federal checkpoint on United States Highway 77, which is
located in Kennedy County, generates many forfeiture cases. Kenedy County
has 500 residents and also has minimal resources for its courts.  H.B.
3377 allows certain cases to be held in an adjacent county under certain
circumstances. Allowing these cases to be heard in other counties would
ease the burden on Kenedy County courts caused by the presence of the
checkpoint. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 59.05, Code of Criminal Procedure, by adding
Subsection (g), to provide that if property is seized at a federal
checkpoint, the notice of seizure and intended forfeiture may be filed in
and the proceeding may be held in the county in which the seizure
occurred; or with the consent of the owner, operator, or agent in charge
of the property, in a county that is adjacent to the county in which the
seizure occurred, if both counties are in the same judicial district. 

SECTION 2.  Effective date: September 1, 2003.