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Cards In This Set
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Art. 59.01 The prosecutor with felony jurisdiction in the county in which a forfeiture proceeding is held.
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Attorney representing the state
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Art. 59.01 Property of any nature, including real, personal, tangible, or intangible.
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Contraband
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Art. 59.01Federal criminal law that results in a personal injury to a victim or an act that is not an offense under the Penal Code invlolving the operation of a motor vehicle, aircraft, or water vehicle that results in injury or death sustained in an accident cause by a driver in violation.
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Crime of violence
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Art. 59.01 The bona fide holder of a perfected lien of a perfected security inerest in property.
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Interest holder
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Art. 59.01 An agency of the state or an agency of a political subdivision of the state authorized by law to employ peace officers.
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Law enforcement agency
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Art. 59.01 income a person accused or convicted of a crime or the person's representative or assignee.
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Proceeds
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Art. 59.01 The restrain of property by a peace officer.
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Seizure
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Art. 59.01 The obligation of a regulated financial institution to pay the account owner under a written agreement.
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Depository account
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Art. 59.01 the state or federal regulatory agency that chartered and comprehensively regulates a regulated financial institution.
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Primary state or federal financial institution
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Art. 59.01 A depository institution chartered by a state or federal government, the depostis of which are insured by the federal deposit insurance corporation or the national credit union administration
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Regulated financial institution
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Art. 59.02 Any property that is contraband other than property held as evidence in a criminal investigation or a pending criminal case, money, a negotiable instrument, or a security that is seized under this chapter may be replevied by the owner or interst holder of the property, on execution of a good and valid bond.
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Forfeiture of Contraband
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Art. 59.03 Property may be seized by and peace officer under authority of a search warrant.
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Seizure of Contraband
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Art. 59.03 Seizure of property subject to forfeiture may be made without warrant if:
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-the owner, operator, or agent in charge of the property knowingly consents
-the seizure is incident to a search to which the owner, operator, or agent in charge of the property knowingly consents
-the property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding
-the seizure was incident to a lawful arrest, lawful search, or lawful search incident to arrest
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Art. 59.03 Not later than 72 hours after the seizure, the peace officer shall:
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-place the property under seal
-remove the property to a place ordered by the court
-require a law enforcement agency of the state or a political subdivision to take custody of the property and move it to a proper location.
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Art. 59.04 if a peace officer seizes property under this chapert, the attorney representing the state shall commence proceedings under this section not later than the 30th day after the date of the seizure
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Notification of forfeiture proceeding
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