Bill Text: TX HB248 | 2015-2016 | 84th Legislature | Introduced

Texas House Bill 248 (Prior Session Legislation)

Introduced

Bill Title: Relating to the state's burden of proof in a criminal asset forfeiture proceeding.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2015-02-11 - Referred to Criminal Jurisprudence [HB248 Detail]

Download: Texas-2015-HB248-Introduced.html

	84R2452 KEL-D

	By: Leach	H.B. No. 248



	A BILL TO BE ENTITLED
	AN ACT
	relating to the state's burden of proof in a criminal asset
	forfeiture proceeding.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Article 59.021(d), Code of Criminal Procedure,
	is amended to read as follows:
	(d) After seizure of the substitute property, the
	disposition shall proceed as other cases in this chapter except
	that the attorney representing the state must prove by clear and
	convincing [~~a preponderance of the~~] evidence:
	(1) that the contraband described by Subsection (b)
	was subject to seizure and forfeiture under this chapter;
	(2) the highest fair market value of that contraband
	during the period in which the owner of the substitute property
	owned, or had an interest in, the contraband;
	(3) the fair market value of the substitute property
	at the time it was seized; and
	(4) that the owner of the substitute property owned or
	had an interest in contraband with an aggregate value of $200,000 or
	more in connection with the commission of an underlying offense
	giving rise to the forfeiture.
	SECTION 2. Article 59.05(b), Code of Criminal Procedure, is
	amended to read as follows:
	(b) All cases under this chapter shall proceed to trial in
	the same manner as in other civil cases. The state has the burden of
	proving by clear and convincing [~~a preponderance of the~~] evidence
	that property is subject to forfeiture.
	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, 2015.