|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the admissibility of evidence in an asset forfeiture |
|
proceeding and the seizure and forfeiture of certain property. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 59.02, Code of Criminal Procedure, is |
|
amended by amending Subsection (a) and adding Subsection (a-1) to |
|
read as follows: |
|
(a) Except as otherwise provided by Subsection (a-1), |
|
property [Property] that is contraband is subject to seizure and |
|
forfeiture under this chapter. |
|
(a-1) Property that is contraband is not subject to seizure |
|
and forfeiture under this chapter if: |
|
(1) the property is not otherwise unlawful to possess; |
|
and |
|
(2) the admissibility of the property as evidence |
|
would be prohibited under Article 38.23 in the prosecution of the |
|
underlying offense. |
|
SECTION 2. Article 59.05, Code of Criminal Procedure, is |
|
amended by adding Subsections (b-1) and (b-2) to read as follows: |
|
(b-1) In a forfeiture proceeding under this chapter, the |
|
attorney representing the state may only present evidence the |
|
admissibility of which would not be prohibited under Article 38.23 |
|
in the prosecution of the underlying offense giving rise to the |
|
forfeiture. A determination that evidence is admissible for the |
|
purpose of the forfeiture proceeding does not act as collateral |
|
estoppel on any issue in the prosecution of the underlying offense |
|
giving rise to the forfeiture. |
|
(b-2) For purposes of evaluating the admissibility of |
|
evidence sought to be presented in the proceeding, a party to a |
|
forfeiture proceeding under this chapter may request a stay of that |
|
proceeding to allow the applicable determinations to be made in the |
|
prosecution of the underlying offense giving rise to the |
|
forfeiture. The court shall grant the request unless the court |
|
finds good cause to deny the request. |
|
SECTION 3. The change in law made by this Act applies only |
|
to a forfeiture proceeding that begins on or after the effective |
|
date of this Act. A forfeiture proceeding that begins before the |
|
effective date of this Act is governed by the law in effect on the |
|
date the proceeding begins, and the former law is continued in |
|
effect for that purpose. |
|
SECTION 4. This Act takes effect September 1, 2017. |