Bill Text: TX SB1701 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to a criminal asset forfeiture hearing in which substitute assets are forfeited under certain circumstances.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Engrossed - Dead) 2011-05-18 - Committee report sent to Calendars [SB1701 Detail]
Download: Texas-2011-SB1701-Engrossed.html
| By: Williams | S.B. No. 1701 | |
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| relating to a criminal asset forfeiture hearing in which substitute | ||
| assets are forfeited under certain circumstances. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subsection (e), Article 59.05, Code of Criminal | ||
| Procedure, is amended to read as follows: | ||
| (e)(1) It is the intention of the legislature that asset | ||
| forfeiture is remedial in nature and not a form of punishment. | ||
| (2) If the court finds that all or any part of the | ||
| property is subject to forfeiture, the judge shall forfeit the | ||
| property to the state, with the attorney representing the state as | ||
| the agent for the state, except that if the court finds that the | ||
| nonforfeitable interest of an interest holder in the property is | ||
| valued in an amount greater than or substantially equal to the | ||
| present value of the property, the court shall order the property | ||
| released to the interest holder. | ||
| (3) If the court finds that the nonforfeitable | ||
| interest of an interest holder is valued in an amount substantially | ||
| less than the present value of the property and that the property is | ||
| subject to forfeiture, the court shall order the property forfeited | ||
| to the state with the attorney representing the state acting as the | ||
| agent of the state, and making necessary orders to protect the | ||
| nonforfeitable interest of the interest holder. | ||
| (4) The court may order the forfeiture of any other | ||
| property of a person that otherwise is not subject to forfeiture | ||
| under this article if the court finds that property of the person | ||
| that was originally ordered forfeited under this subsection, as a | ||
| result of an act or omission of the person: | ||
| (A) cannot be located on exercise of due | ||
| diligence; | ||
| (B) has been transferred, conveyed, or sold to or | ||
| deposited with a third party; | ||
| (C) has been placed beyond the jurisdiction of | ||
| the court; | ||
| (D) has been substantially diminished in value; | ||
| or | ||
| (E) has been commingled with other property and | ||
| cannot be separated without difficulty. | ||
| (5) In ordering the forfeiture of substitute assets | ||
| under Subdivision (4), the court may not order the forfeiture of | ||
| property with a value greater than the value of the property | ||
| originally ordered forfeited by the court. | ||
| (6) On final judgment of forfeiture, the attorney | ||
| representing the state shall dispose of the property in the manner | ||
| required by Article 59.06 of this code. | ||
| SECTION 2. The change in law made by this Act in amending | ||
| Subsection (e), Article 59.05, Code of Criminal Procedure, | ||
| authorizes a court to order the forfeiture of substitute assets for | ||
| any property originally ordered forfeited by the court, regardless | ||
| of whether the original order of forfeiture occurred before, on, or | ||
| after the effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
