SB1402 Summary

• Amends the Code of Criminal Procedure to create Article 112B establishing asset-freezing orders as a remedy in criminal cases involving charges where fines, restitution, assessments, or court costs may be imposed or have been imposed.

• Allows prosecutors to seek asset-freezing orders with notice to the defendant if the court finds a substantial likelihood the prosecutor will prevail, assets will be dissipated without the order, and the harm to the defendant is outweighed by risk to the State.

• Permits prosecutors to obtain asset-freezing orders without notice for up to 14 days (extendable for good cause), requiring the prosecutor to disclose all material facts against issuance and explain efforts to provide notice.

• Requires courts to limit freezing orders to allow defendants sufficient assets for legal representation and to permit payment of ordinary living and business expenses upon application with 24 hours' notice to prosecutors.

• Establishes procedures for nonparties served with freezing orders to comply with asset freezes, move to dissolve or modify orders, and seek indemnification for reasonable compliance costs and losses from defendant's assets.