88(R) HB 69 - House Committee Report version - Bill Text

	88R2779 AJZ-D
	By:  Schaefer	H.B.  No.  69

	A BILL TO BE ENTITLED
	AN ACT
	relating to the state's burden of proof in certain asset forfeiture
	proceedings under the Code of Criminal Procedure.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Article 59.02, Code of Criminal Procedure, is
	amended by amending Subsection (c) and adding Subsection (c-1) to
	read as follows:
	(c)    An owner or interest holder's interest in property may
	not be forfeited under this chapter if the owner or interest holder
	[proves by a preponderance of the evidence that the owner or
	interest holder] acquired and perfected the interest:
	(1)    before or during the act or omission giving rise to
	forfeiture or, if the property is real property, the owner or
	interest holder  [he] acquired an ownership interest, security
	interest, or lien interest before a lis pendens notice was filed
	under Article 59.04(g), [of this code] and did not know or should
	not reasonably have known of the act or omission giving rise to the
	forfeiture or that it was likely to occur at or before the time of
	acquiring and perfecting the interest or, if the property is real
	property, at or before the time of acquiring the ownership
	interest, security interest, or lien interest; or
	(2)    after the act or omission giving rise to the
	forfeiture, but before the seizure of the property, and only if the
	owner or interest holder:
	(A)    was, at the time that the interest in the
	property was acquired, an owner or interest holder for value; and
	(B)    was without reasonable cause to believe that
	the property was contraband and did not purposefully avoid learning
	that the property was contraband.
	(c-1)    The state has the burden of proving by clear and
	convincing evidence that the circumstances described by Subsection
	(c) do not apply to property that is subject to seizure and
	forfeiture under this chapter.
	SECTION  2.    Article 59.02(h), Code of Criminal Procedure, is
	amended by amending Subdivision (1) and adding Subdivision (1-a) to
	read as follows:
	(1)    An owner or interest holder's interest in property
	may not be forfeited under this chapter if [at the forfeiture
	hearing the owner or interest holder proves by a preponderance of
	the evidence that] the owner or interest holder was not a party to
	the offense giving rise to the forfeiture and [that] the
	contraband:
	(A)    was stolen from the owner or interest holder
	before being used in the commission of the offense giving rise to
	the forfeiture;
	(B)    was purchased with:
	(i)    money stolen from the owner or interest
	holder; or
	(ii)    proceeds from the sale of property
	stolen from the owner or interest holder; or
	(C)    was used or intended to be used without the
	effective consent of the owner or interest holder in the commission
	of the offense giving rise to the forfeiture.
	(1-a) The state has the burden of proving by clear and
	convincing evidence that the circumstances described by
	Subdivision (1) do not apply to property that is subject to seizure
	and forfeiture under this chapter.
	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, 2023.