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A BILL TO BE ENTITLED
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AN ACT
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relating to the state's burden of proof in certain criminal asset |
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forfeiture proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 59.05(b) and (d), Code of Criminal |
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Procedure, are amended to read as follows: |
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(b) All cases under this chapter shall proceed to trial in |
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the same manner as in other civil cases. The state has the burden of |
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proving by clear and convincing [a preponderance of the] evidence |
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that property is subject to forfeiture. |
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(d) A final conviction for an underlying offense is [not] a |
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requirement for forfeiture under this chapter. [An owner or
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interest holder may present evidence of a dismissal or acquittal of
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an underlying offense in a forfeiture proceeding, and evidence of
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an acquittal raises a presumption that the property or interest
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that is the subject of the hearing is nonforfeitable.
This
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presumption can be rebutted by evidence that the owner or interest
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holder knew or should have known that the property was contraband.] |
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SECTION 2. This Act takes effect September 1, 2015. |