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