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A BILL TO BE ENTITLED
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AN ACT
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relating to a criminal asset forfeiture hearing in which substitute |
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assets are forfeited under certain circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (e), Article 59.05, Code of Criminal |
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Procedure, is amended to read as follows: |
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(e)(1) It is the intention of the legislature that asset |
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forfeiture is remedial in nature and not a form of punishment. |
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(2) If the court finds that all or any part of the |
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property is subject to forfeiture, the judge shall forfeit the |
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property to the state, with the attorney representing the state as |
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the agent for the state, except that if the court finds that the |
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nonforfeitable interest of an interest holder in the property is |
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valued in an amount greater than or substantially equal to the |
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present value of the property, the court shall order the property |
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released to the interest holder. |
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(3) If the court finds that the nonforfeitable |
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interest of an interest holder is valued in an amount substantially |
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less than the present value of the property and that the property is |
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subject to forfeiture, the court shall order the property forfeited |
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to the state with the attorney representing the state acting as the |
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agent of the state, and making necessary orders to protect the |
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nonforfeitable interest of the interest holder. |
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(4) The court may order the forfeiture of any other |
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property of a person that otherwise is not subject to forfeiture |
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under this article if the court finds that property of the person |
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that was originally ordered forfeited under this subsection, as a |
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result of an act or omission of the person: |
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(A) cannot be located on exercise of due |
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diligence; |
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(B) has been transferred, conveyed, or sold to or |
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deposited with a third party; |
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(C) has been placed beyond the jurisdiction of |
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the court; |
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(D) has been substantially diminished in value; |
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or |
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(E) has been commingled with other property and |
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cannot be separated without difficulty. |
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(5) In ordering the forfeiture of substitute assets |
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under Subdivision (4), the court may not order the forfeiture of |
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property with a value greater than the value of the property |
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originally ordered forfeited by the court. |
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(6) On final judgment of forfeiture, the attorney |
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representing the state shall dispose of the property in the manner |
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required by Article 59.06 of this code. |
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SECTION 2. The change in law made by this Act in amending |
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Subsection (e), Article 59.05, Code of Criminal Procedure, |
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authorizes a court to order the forfeiture of substitute assets for |
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any property originally ordered forfeited by the court, regardless |
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of whether the original order of forfeiture occurred before, on, or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2011. |
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COMMITTEE AMENDMENT NO. |
1 |
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SECTION ___. Amend S.B. 1701 (Engrossed) by the following: |
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On page 2, lines 11, after the ";" insert "by the person whose |
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property was originally forfeited" |
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Hartnett |