Bill Text: TX HB1711 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the admissibility of evidence in an asset forfeiture proceeding and the seizure and forfeiture of certain property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-04-04 - Referred directly to subcommittee by chair [HB1711 Detail]
Download: Texas-2023-HB1711-Introduced.html
88R1889 AJZ-D | ||
By: Canales | H.B. No. 1711 |
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relating to the admissibility of evidence in an asset forfeiture | ||
proceeding and the seizure and forfeiture of certain property. | ||
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 (a) and adding Subsection (a-1) to | ||
read as follows: | ||
(a) Except as otherwise provided by Subsection (a-1), | ||
property [ |
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forfeiture under this chapter. | ||
(a-1) Property that is contraband is not subject to seizure | ||
and forfeiture under this chapter if: | ||
(1) the property is not otherwise unlawful to possess; | ||
and | ||
(2) the admissibility of the property as evidence | ||
would be prohibited under Article 38.23 in the prosecution of the | ||
underlying offense. | ||
SECTION 2. Article 59.05, Code of Criminal Procedure, is | ||
amended by adding Subsection (b-1) to read as follows: | ||
(b-1) In a forfeiture proceeding under this chapter, the | ||
attorney representing the state may only present evidence the | ||
admissibility of which would not be prohibited under Article 38.23 | ||
in the prosecution of the underlying offense giving rise to the | ||
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, 2023. |