78R3911 PEP-F

By:  Keel                                                         H.B. No. 1430



A BILL TO BE ENTITLED

AN ACT

relating to the forfeiture of contraband used in or derived from 
alleged criminal activity.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Articles 59.02(a), (b), and (c), Code of 
Criminal Procedure, are amended to read as follows:
	(a)  Property that is contraband is subject to seizure and 
forfeiture under this chapter.  Property in the possession of a 
person is presumed to be that person's property.
	(b)  Any property that is contraband other than property held 
as evidence in a criminal investigation or a pending criminal case, 
money, a negotiable instrument, or a security that is seized under 
this chapter may be replevied by the owner or interest holder of the 
property, on execution of a good and valid bond with sufficient 
surety in a sum equal to the appraised value of the property 
replevied.  The bond may be approved as to form and substance by the 
court after the court gives notice of the bond to the authority 
holding the seized property.  The bond must be conditioned[:
		[(1)] on return of the property to the custody of the 
state on the day of hearing of the forfeiture proceedings[;  and
		[(2)  that the interest holder or owner of the property 
will abide by the decision that may be made in the cause].
	(c)  An owner or interest holder's interest in property may 
not be forfeited under this chapter unless the attorney 
representing the state proves [if the owner or interest holder 
proves] by a preponderance of the evidence that the owner or 
interest holder acquired and perfected the interest:
		(1)  before or during the act or omission giving rise to 
forfeiture or, if the property is real property, he acquired an 
ownership interest, security interest, or lien interest before a 
lis pendens notice was filed under Article 59.04(g) of this code and 
knew [did not know] or should [not] reasonably have known of the act 
or omission giving rise to the forfeiture or that it was likely to 
occur at or before the time of acquiring and perfecting the interest 
or, if the property is real property, at or before the time of 
acquiring the ownership interest, security interest, or lien 
interest;  or
		(2)  after the act or omission giving rise to the 
forfeiture, but before the seizure of the property, and only if the 
owner or interest holder:
			(A)  was, at the time that the interest in the 
property was acquired, an owner or interest holder for value;  and
			(B)  had [was without] reasonable cause to believe 
that the property was contraband or [and did not] purposefully 
avoided [avoid] learning that the property was contraband.
	SECTION 2.  (a)  The change in law made by this Act applies 
only to the forfeiture of contraband arising from an offense 
committed on or after the effective date of this Act.  For purposes 
of this section, an offense is committed before the effective date 
of this Act if any element of the offense occurs before the 
effective date.
	(b)  The forfeiture of contraband arising from an offense 
committed before the effective date of this Act is covered by the 
law in effect when the offense was committed, and the former law is 
continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2003.