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Relating to the state's burden of proof in certain asset forfeiture proceedings under the Code of Criminal Procedure.
No significant fiscal implication to the State is anticipated.
HB 1441 would remove the burden of proof from the property owner in civil asset forfeiture cases and place it on the state. The state would have to prove by clear and convincing evidence that property is eligible for forfeiture.
Texas Action supports HB 1441 because it would limit civil asset forfeiture, a law enforcement tool that violates the private property rights of Texans. The burden to prove that their property is not contraband should not fall on the shoulders of the property owner. HB 1441 would create a presumption of liberty for property owners and force the state to prove by a high standard that they can seize someone’s property without a criminal charge or conviction.