Asset forfeiture bills in Texas Legislature
Jon
Roland
2015
A few years ago most
legal
reformers despaired that anything would ever be done to reform
the
corrupt system of civil asset forfeiture. A few bills were
introduced
by single legislators, but today, in Texas, we have multiple
bills,
most coupled with identical bills in the House and Senate, which
can
be found here.
One pair is of special notice,
S.B. No. 1863,
by Burton
H.B. No. 3171,
by Simpson
These bills go a long way to remedy many of the
civil forfeiture abuses, but they need some amendments to
provide
that:
1. Forfeiture only be done to pay specific fines imposed
as part of the sentencing order, upon conviction of a crime for
which
a fine may be imposed, with the standard of proof for the
forfeiture
being "clear and compelling" evidence that the assets are,
or are derived from, the proceeds of of the crime for which the
defendant was convicted, not other crimes he is suspected of
committing.
2. Not only are the net proceeds of forfeiture not to
go to state agencies or personnel, except through appropriation
from
the general fund, but such agencies or personnel are not to
receive
or accept any awards for forfeiture done by the federal
government,
or other government.
3. Make the seizure and conversion of assets
for the use of a state agency, or personal use of agency
personnel,
especially without adequate documentation, or acceptance of an
award
from another government, a felony for the personnel, punishable
by
termination and not less than two, and up to ten, years in
prison and
a fine equal to twenty times the value of the improperly seized
and
converted assets, paid first by the personnel, then, if they are
unable to pay, by the agency, and provide that prosecution of
such
offenses may be conducted by special prosecutors who may be
private
parties appointed by the grand jury; further, that twenty times
the
value of any asset improperly converted, plus legal costs, be
paid to
the presumptive owner or owners in addition to return of the
assets.
(1) is intended to
correct
the common abuse of forfeiture done by judges too closely
associated
with prosecutors or law enforcement agencies. It subjects the
assessment of the fine to the control of the same jury who
convicts
the offender.
(2) is intended to correct the common abuse of state
agencies turning over cases to federal enforcement but getting
an
award paid from the proceeds of the forfeiture. That would allow
state agencies to evade this law and get large sums of money
indirectly.
(3) is intended to impose real disincentive penalties
on state personnel or agencies for violation of the property
rights
of owners.