Loading chat...
TX HB2936
Bill
Status
2/18/2025
Primary Sponsor
Harold Dutton
Click for details
AI Summary
-
Requires a final criminal conviction for the underlying offense before property can be forfeited, changing current law that allows civil asset forfeiture without a conviction
-
Prohibits the state from presenting illegally obtained evidence in forfeiture proceedings by applying the same exclusionary rules (Article 38.23) that apply to criminal prosecutions
-
Mandates courts to dismiss forfeiture proceedings if the underlying criminal offense is dismissed or results in an acquittal, regardless of whether the property owner has complied with civil procedure requirements
-
Removes the previous provision that allowed the state to rebut a presumption of non-forfeitability by showing the owner knew or should have known the property was contraband
-
Applies only to offenses committed on or after September 1, 2025; offenses before that date remain subject to prior forfeiture laws
Legislative Description
Relating to asset forfeiture proceedings under the Code of Criminal Procedure.
Criminal Procedure
Last Action
Referred to Criminal Jurisprudence
3/19/2025