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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 asset forfeiture |
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proceedings under the Code of Criminal Procedure. |
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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 (c) and adding Subsection (c-1) to |
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read as follows: |
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(c) An owner or interest holder's interest in property may |
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not be forfeited under this chapter if the owner or interest holder |
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[proves by a preponderance of the evidence that the owner or |
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interest holder] acquired and perfected the interest: |
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(1) before or during the act or omission giving rise to |
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forfeiture or, if the property is real property, the owner or |
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interest holder [he] acquired an ownership interest, security |
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interest, or lien interest before a lis pendens notice was filed |
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under Article 59.04(g), [of this code] and did not know or should |
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not reasonably have known of the act or omission giving rise to the |
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forfeiture or that it was likely to occur at or before the time of |
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acquiring and perfecting the interest or, if the property is real |
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property, at or before the time of acquiring the ownership |
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interest, security interest, or lien interest; or |
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(2) after the act or omission giving rise to the |
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forfeiture, but before the seizure of the property, and only if the |
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owner or interest holder: |
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(A) was, at the time that the interest in the |
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property was acquired, an owner or interest holder for value; and |
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(B) was without reasonable cause to believe that |
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the property was contraband and did not purposefully avoid learning |
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that the property was contraband. |
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(c-1) The state has the burden of proving by clear and |
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convincing evidence that the circumstances described by Subsection |
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(c) do not apply to property that is subject to seizure and |
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forfeiture under this chapter. |
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SECTION 2. Article 59.02(h), Code of Criminal Procedure, is |
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amended by amending Subdivision (1) and adding Subdivision (1-a) to |
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read as follows: |
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(1) An owner or interest holder's interest in property |
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may not be forfeited under this chapter if [at the forfeiture |
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hearing the owner or interest holder proves by a preponderance of |
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the evidence that] the owner or interest holder was not a party to |
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the offense giving rise to the forfeiture and [that] the |
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contraband: |
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(A) was stolen from the owner or interest holder |
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before being used in the commission of the offense giving rise to |
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the forfeiture; |
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(B) was purchased with: |
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(i) money stolen from the owner or interest |
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holder; or |
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(ii) proceeds from the sale of property |
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stolen from the owner or interest holder; or |
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(C) was used or intended to be used without the |
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effective consent of the owner or interest holder in the commission |
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of the offense giving rise to the forfeiture. |
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(1-a) The state has the burden of proving by clear and |
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convincing evidence that the circumstances described by |
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Subdivision (1) do not apply to property that is subject to seizure |
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and forfeiture under this chapter. |
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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, 2023. |