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TX HB914
Bill
Status
11/12/2024
Primary Sponsor
Senfronia Thompson
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AI Summary
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Repeals Texas's civil asset forfeiture system (Chapter 59, Code of Criminal Procedure) and replaces it with criminal asset forfeiture requiring a conviction before property can be permanently seized
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Requires the state to prove by clear and convincing evidence that property is subject to forfeiture, and a criminal conviction must occur for offenses including first/second degree felonies, certain drug offenses, human trafficking, fraud, and organized crime
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Establishes property exemptions from forfeiture including homestead property, motor vehicles valued under $10,000, and cash totaling $200 or less
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Creates innocent owner protections where property cannot be forfeited if the owner did not have actual or constructive knowledge of the underlying criminal offense, with the burden on the state to prove knowledge
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Deposits forfeiture proceeds into the county's general fund rather than allowing law enforcement agencies to retain seized property or proceeds, and prohibits agencies from transferring seized property to federal authorities unless the value exceeds $50,000 and involves interstate criminal activity
Legislative Description
Relating to repealing civil asset forfeiture provisions and establishing criminal asset forfeiture in this state.
Property Interests
Last Action
Referred to Criminal Jurisprudence
3/6/2025