Bill Text: TX HB323 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the award of court costs, storage fees, and attorney's fees in a criminal asset forfeiture proceeding.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-29 - Left pending in subcommittee [HB323 Detail]
Download: Texas-2017-HB323-Introduced.html
85R1907 ADM-F | ||
By: Canales | H.B. No. 323 |
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relating to the award of court costs, storage fees, and attorney's | ||
fees in a criminal asset forfeiture proceeding. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 59.05, Code of Criminal Procedure, is | ||
amended by adding Subsection (h) to read as follows: | ||
(h) Notwithstanding any other law, on dismissal of a | ||
forfeiture proceeding under this chapter, or on the court's | ||
determination that the property or an interest in the property is | ||
not subject to forfeiture under this chapter, the court shall enter | ||
an order requiring the law enforcement agency responsible for | ||
seizing the property to reimburse the applicable owner or interest | ||
holder for court costs, storage fees, and reasonable attorney's | ||
fees. If possible, notwithstanding the purposes for which the money | ||
must be used under the law, the agency shall make the payment out of | ||
money available in the applicable fund established for the agency | ||
under Article 59.06(c)(2), (3), or (4). | ||
SECTION 2. The change in law made by this Act applies only | ||
to property subject to forfeiture on the basis of an offense | ||
committed on or after the effective date of this Act. Property | ||
subject to forfeiture on the basis of an offense committed before | ||
the effective date of this Act is governed by the law in effect on | ||
the date the offense was committed, and the former law is continued | ||
in effect for that purpose. For purposes of this section, an offense | ||
was committed before the effective date of this Act if any element | ||
of the offense occurred before that date. | ||
SECTION 3. This Act takes effect September 1, 2017. |