88R2779 AJZ-D
 
  By: Schaefer H.B. No. 69
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the state's burden of proof in certain asset forfeiture
  proceedings under the Code of Criminal Procedure.
         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 (c) and adding Subsection (c-1) to
  read as follows:
         (c)  An owner or interest holder's interest in property may
  not be forfeited under this chapter if the owner or interest holder
  [proves by a preponderance of the evidence that the owner or
  interest holder] acquired and perfected the interest:
               (1)  before or during the act or omission giving rise to
  forfeiture or, if the property is real property, the owner or
  interest holder [he] acquired an ownership interest, security
  interest, or lien interest before a lis pendens notice was filed
  under Article 59.04(g), [of this code] and did not know or should
  not reasonably have known of the act or omission giving rise to the
  forfeiture or that it was likely to occur at or before the time of
  acquiring and perfecting the interest or, if the property is real
  property, at or before the time of acquiring the ownership
  interest, security interest, or lien interest; or
               (2)  after the act or omission giving rise to the
  forfeiture, but before the seizure of the property, and only if the
  owner or interest holder:
                     (A)  was, at the time that the interest in the
  property was acquired, an owner or interest holder for value; and
                     (B)  was without reasonable cause to believe that
  the property was contraband and did not purposefully avoid learning
  that the property was contraband.
         (c-1)  The state has the burden of proving by clear and
  convincing evidence that the circumstances described by Subsection
  (c) do not apply to property that is subject to seizure and
  forfeiture under this chapter. 
         SECTION 2.  Article 59.02(h), Code of Criminal Procedure, is
  amended by amending Subdivision (1) and adding Subdivision (1-a) to
  read as follows:
               (1)  An owner or interest holder's interest in property
  may not be forfeited under this chapter if [at the forfeiture
  hearing the owner or interest holder proves by a preponderance of
  the evidence that] the owner or interest holder was not a party to
  the offense giving rise to the forfeiture and [that] the
  contraband:
                     (A)  was stolen from the owner or interest holder
  before being used in the commission of the offense giving rise to
  the forfeiture;
                     (B)  was purchased with:
                           (i)  money stolen from the owner or interest
  holder; or
                           (ii)  proceeds from the sale of property
  stolen from the owner or interest holder; or
                     (C)  was used or intended to be used without the
  effective consent of the owner or interest holder in the commission
  of the offense giving rise to the forfeiture.
               (1-a) The state has the burden of proving by clear and
  convincing evidence that the circumstances described by
  Subdivision (1) do not apply to property that is subject to seizure
  and forfeiture under this chapter.
         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, 2023.