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A BILL TO BE ENTITLED
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AN ACT
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relating to asset forfeiture proceedings under the Code of Criminal |
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Procedure. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 59.05(d), Code of Criminal Procedure, is |
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amended to read as follows: |
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(d) A final conviction for an underlying offense is required |
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[not a requirement] for forfeiture under this chapter. The court |
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shall dismiss a forfeiture proceeding on proof [An owner or |
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interest holder may present evidence] of a dismissal or acquittal |
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of the [an] underlying offense regardless of whether the owner or |
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interest holder has met any requirements under the Texas Rules of |
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Civil Procedure in the forfeiture proceeding, including answering |
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the state's civil complaint [in a forfeiture proceeding, and |
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evidence of an acquittal raises a presumption that the property or |
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interest that is the subject of the hearing is nonforfeitable. This |
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presumption can be rebutted by evidence that the owner or interest |
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holder knew or should have known that the property was contraband]. |
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SECTION 2. The change in law made by this Act applies only |
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to property subject to forfeiture on the basis of an offense |
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committed on or after the effective date of this Act. Property |
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subject to forfeiture on the basis of an offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2023. |