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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. Article 59.021(d), Code of Criminal Procedure, |
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is amended to read as follows: |
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(d) After seizure of the substitute property, the |
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disposition shall proceed as other cases in this chapter except |
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that the attorney representing the state must prove by clear and |
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convincing [a preponderance of the] evidence: |
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(1) that the contraband described by Subsection (b) |
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was subject to seizure and forfeiture under this chapter; |
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(2) the highest fair market value of that contraband |
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during the period in which the owner of the substitute property |
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owned, or had an interest in, the contraband; |
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(3) the fair market value of the substitute property |
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at the time it was seized; and |
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(4) that the owner of the substitute property owned or |
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had an interest in contraband with an aggregate value of $200,000 or |
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more in connection with the commission of an underlying offense |
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giving rise to the forfeiture. |
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SECTION 2. Article 59.05(b), Code of Criminal Procedure, is |
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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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SECTION 3. Section 12.1106(d), Parks and Wildlife Code, is |
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amended to read as follows: |
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(d) The court shall order the seized property: |
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(1) forfeited to the department if the court |
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determines by clear and convincing [a preponderance of the] |
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evidence that: |
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(A) the seized property is contraband and a |
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person pleaded guilty or nolo contendere to, was convicted of, or |
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was placed on deferred adjudication for: |
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(i) an offense under Section 66.006, |
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Section 66.2011, or Subchapter G, Chapter 43, of this code; or |
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(ii) a second or subsequent offense under |
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Section 61.022, 62.003, 62.004, or 62.005 of this code; or |
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(B) the seized property is contraband and no |
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person was arrested for an offense immediately after the warden or |
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officer seized the property; or |
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(2) released to the owner if: |
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(A) the person charged with an offense under |
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Section 66.006, Section 66.2011, or Subchapter G, Chapter 43, of |
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this code or a second or subsequent offense under Section 61.022, |
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62.003, 62.004, or 62.005 of this code is acquitted or the charge is |
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dismissed; or |
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(B) the court determines that the seized property |
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is not contraband. |
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SECTION 4. The change in law made by this Act applies only |
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to a forfeiture proceeding that begins on or after the effective |
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date of this Act. A forfeiture proceeding that begins before the |
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effective date of this Act is governed by the law in effect on the |
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date the proceeding begins, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2017. |