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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal asset 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. Chapter 59, Code of Criminal Procedure, is |
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amended by adding Articles 59.15 and 59.16 to read as follows: |
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Art. 59.15. TRANSFER OF FORFEITABLE PROPERTY TO FEDERAL |
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GOVERNMENT. A law enforcement agency or attorney representing the |
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state may not directly or indirectly transfer seized property to |
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any federal law enforcement authority or other federal agency and |
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may not coordinate with the authority or agency regarding seized |
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property unless: |
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(1) the value of the seized property exceeds $50,000, |
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excluding the value of any controlled substance; and |
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(2) the attorney representing the state determines |
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that: |
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(A) the activity giving rise to the applicable |
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investigation or seizure is interstate in nature and sufficiently |
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complex to justify the transfer; or |
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(B) the seized property may only be forfeited |
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under federal law. |
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Art. 59.16. COOPERATION IN FEDERAL FORFEITURE ACTION. A |
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law enforcement agency or the Texas National Guard, when operating |
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in a nonmilitary role, may not participate, assist, or cooperate in |
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a forfeiture action brought by the federal government unless the |
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value of the seized property subject to forfeiture exceeds $50,000, |
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excluding the value of any controlled substance. |
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SECTION 4. 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 5. (a) Articles 59.15 and 59.16, Code of Criminal |
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Procedure, as added by this Act, apply only to property seized on or |
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after the effective date of this Act. Property seized 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 property was seized, and the former law is continued in |
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effect for that purpose. |
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(b) Articles 59.021 and 59.05, Code of Criminal Procedure, |
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and Section 12.1106, Parks and Wildlife Code, as amended by this |
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Act, apply only to a forfeiture proceeding that begins on or after |
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the effective date of this Act. A forfeiture proceeding that begins |
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before the effective date of this Act is governed by the law in |
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effect on the date the proceeding begins, and the former law is |
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continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2017. |