Bill Text: TX HB3415 | 2015-2016 | 84th Legislature | Introduced

Texas House Bill 3415 (Prior Session Legislation)

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) 2015-05-04 - Committee report sent to Calendars [HB3415 Detail]

Download: Texas-2015-HB3415-Introduced.html



	By: Canales	H.B. No. 3415



	A BILL TO BE ENTITLED
	AN ACT
	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, 2015.