85R24849 AJZ-D     By: Dale, Canales H.B. No. 805     Substitute the following for H.B. No. 805:     By:  Moody C.S.H.B. No. 805       A BILL TO BE ENTITLED   AN ACT   relating to the admissibility of evidence in an asset forfeiture   proceeding and the seizure and forfeiture of certain property.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 59.02, Code of Criminal Procedure, is   amended by amending Subsection (a) and adding Subsection (a-1) to   read as follows:          (a)  Except as otherwise provided by Subsection (a-1),   property [Property] that is contraband is subject to seizure and   forfeiture under this chapter.          (a-1)  Property that is contraband is not subject to seizure   and forfeiture under this chapter if:                (1)  the property is not otherwise unlawful to possess;   and                (2)  the admissibility of the property as evidence   would be prohibited under Article 38.23 in the prosecution of the   underlying offense.          SECTION 2.  Article 59.05, Code of Criminal Procedure, is   amended by adding Subsections (b-1) and (b-2) to read as follows:          (b-1)  In a forfeiture proceeding under this chapter, the   attorney representing the state may only present evidence the   admissibility of which would not be prohibited under Article 38.23   in the prosecution of the underlying offense giving rise to the   forfeiture. A determination that evidence is admissible for the   purpose of the forfeiture proceeding does not act as collateral   estoppel on any issue in the prosecution of the underlying offense   giving rise to the forfeiture.          (b-2)  For purposes of evaluating the admissibility of   evidence sought to be presented in the proceeding, a party to a   forfeiture proceeding under this chapter may request a stay of that   proceeding to allow the applicable determinations to be made in the   prosecution of the underlying offense giving rise to the   forfeiture. The court shall grant the request unless the court   finds good cause to deny the request.          SECTION 3.  The change in law made by this Act applies only   to a forfeiture proceeding that begins on or after the effective   date of this Act. A forfeiture proceeding that begins before the   effective date of this Act is governed by the law in effect on the   date the proceeding begins, and the former law is continued in   effect for that purpose.          SECTION 4.   This Act takes effect September 1, 2017.