78R6366 PEP-D
By: Phillips H.B. No. 2903
A BILL TO BE ENTITLED
AN ACT
relating to the circumstances under which contraband is not subject
to forfeiture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 59.02(c), Code of Criminal Procedure, is
amended to read as follows:
(c) An owner or interest holder's interest in property may
not be forfeited under this chapter if the owner or interest holder
proves by a preponderance of the evidence that the owner or interest
holder:
(1) 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:
(A) did not know and [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 that act or
omission [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
(B) on acquiring information to the effect that
the act or omission occurred or was likely to occur, contacted a law
enforcement agency to file a report; or
(2) acquired and perfected the interest 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) was without reasonable cause to believe that
the property was contraband and did not purposefully avoid learning
that the property was contraband.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.