Chapter 11 - Asset Forfeiture

If a peace officer seizes property under Chapter 59 of the CCP, the attorney representing the state shall commence proceedings under this section not later than the __________ day after the date of the seizure.

30th

______ is the property of any nature, including real, personal, tangible or intangible that is used in the commission of a first or second-degree felony or a number of other crimes.

Contraband

______ means the bona fide holder of a perfected lien or a perfected security interest in property.

Interest holder.

_______ means a person who claims an equitable or legal ownership interest in property.

Owner

__________ includes income a person accused or convicted of a crime or the person's representative or assignee receives from: a movie, book, magazine article, tape recording, phonographic record, radio or television presentation, telephone service, electronic media format, including an Internet website, or live entertainment in which the crime was reenacted; or the sale of tangible property the value of which is increased by the notoriety gained from the conviction of an offense by the person accused or convicted of the crime.

Proceeds

______ means the restraint of property by a peace officer under Article 59.03(a) or (b) of this code, whether the officer restrains the property by physical force or by a display of the officer's authority, and includes the collection of property or the act of taking possession of property.

Seizure

________ means property that is not contraband; and that is owned by a person who is or was the owner of, or has or had an interest in , contraband with an aggregate value of $200,000 or more.

Substitute Property

If you arrest a suspect for evading in a motor vehicle, can you seize the vehicle for asset forfeiture?

Yes, but it would be best to consult with your county prosecutor that handles asset forfeiture since other factors may apply.