Forfeiture of Assets - As enacted, provides that real and personal property used in commission of human trafficking offenses is subject to judicial forfeiture seizure and provides for disposition of funds from forfeited assets. - Amends TCA Title 39, Chapter 11, Part 7 and Title 39, Chapter 13, Part 3.
Companion bill has been assigned Public Chapter Number 354 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB0604Date
    Comp. became Pub. Ch. 35406/03/2011
    Sponsor(s) Added.05/18/2011
    Am. withdrawn.(Amendment 1 - SA0555)05/18/2011
    Comp. HB Subst (sends SB to dead bill file)05/18/2011
    Placed on Senate Regular Calendar cal. for 5/18/201105/16/2011
    Rec. for pass. w/ am., ref. to S. Cal. Comm. Ayes 9, Nays 0 PNV 005/11/2011
    Placed on S. Jud Comm. cal. for 5/11/201105/10/2011
    Action Def. in S. Jud Comm. to 5/11/201105/10/2011
    Placed on S. Jud Comm. cal. for 5/10/201105/05/2011
    P2C, ref. to S. Jud Comm.02/16/2011
    Intro., P1C.02/14/2011
    Filed for intro.02/11/2011
    Actions For HB0171Date
    Pub. Ch. 354 06/03/2011
    Effective date(s) 07/01/1106/03/2011
    Signed by Governor.05/30/2011
    Transmitted to Governor for his action.05/20/2011
    Signed by S. Speaker05/20/2011
    Signed by H. Speaker05/20/2011
    Enrolled; ready for sig. of H. Speaker.05/19/2011
    Passed S., Ayes 29, Nays 105/18/2011
    S. Subst. HB for comp. SB.05/18/2011
    Rcvd. from H., P1C.05/02/2011
    Engrossed; ready for transmission to Sen.04/28/2011
    Passed H., as am., Ayes 91, Nays 0 04/28/2011
    H. adopted am.(Amendment 1 of 0 - HA0258)04/28/2011
    Sponsor(s) Added.04/28/2011
    H. Placed on Regular Calendar for 4/28/201104/27/2011
    Reset on Next Available Regular cal.04/27/2011
    H. Placed on Regular Calendar for 4/27/201104/21/2011
    Placed on cal. Calendar & Rules Committee for 4/21/201104/20/2011
    Rec. for Pass. if Am. ref. to: Calendar & Rules Committee04/19/2011
    Placed on cal. Judiciary Committee for 4/19/201104/14/2011
    Rec. For Pass. by s/c ref. to Judiciary Committee 04/13/2011
    Placed on s/c cal Judiciary Subcommittee for 4/13/201104/06/2011
    Action Def. in s/c Judiciary Subcommittee to 4/13/201104/06/2011
    Placed on s/c cal Judiciary Subcommittee for 4/6/201103/30/2011
    Action Def. in s/c Judiciary Subcommittee to 4/6/201103/09/2011
    Placed on s/c cal Judiciary Subcommittee for 3/9/201103/02/2011
    Action def. in s/c General Sub of Judiciary to 03/02/201102/16/2011
    Placed on s/c cal General Sub of Judiciary for 2/16/201102/09/2011
    Assigned to s/c General Sub of Judiciary02/09/2011
    P2C, ref. to Judiciary Committee02/09/2011
    Intro., P1C.02/07/2011
    Filed for intro.01/25/2011
  • AmendmentsFiscal Memos
    SA0555Amendment 1-1 to SB0604Fiscal Memo for SA0555 (6312)  
    AmendmentsFiscal Memos
    HA0258Amendment 1-1 to HB0171Fiscal Memo for HA0258 (6312)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: SB0604

  • Fiscal Summary

    Not Available


    Bill Summary

    This bill specifies that the following would be subject to judicial forfeiture:
    (1) The following when used or intended to be used in connection with an offense, committed on or after July 1, 2011, of involuntary labor servitude, trafficking for forced labor or services, or trafficking for sexual servitude (referred to in this summary as human trafficking offenses):
    (A) Conveyances, including aircraft, motor vehicles, and other vessels;
    (B) Books, records, telecommunication equipment, or computers;
    (C) Money or weapons; and
    (D) Real property;
    (2) Everything of value furnished, or intended to be furnished, in exchange for an act in violation of a human trafficking offense committed on or after July 1, 2011, all proceeds traceable to the exchange, and all negotiable instruments and securities used, or intended to be used, to facilitate the violation;
    (3) Any property, real or personal, directly or indirectly acquired by or received in violation of a human trafficking offense committed on or after July 1, 2011, or as an inducement to commit such an offense, or any property traceable to the proceeds from the offense; and
    (4) Any real property and any property used as an instrumentality in or used in furtherance of a violation of a human trafficking offense committed on or after July 1, 2011.

    The proceeds from all forfeitures made pursuant to this bill would first be applied to the reasonable expenses of the forfeiture proceeding, including the expenses of the district attorney general, and the costs of seizing and maintaining custody of the forfeited property. Parties seeking repayment for forfeiture-related expenses must file a request detailing the expenses incurred in the forfeiture procedure with the judge of the court in which the forfeiture occurred.

    The clerk of the court where the forfeiture occurs would transmit 20 percent of the proceeds from all forfeitures made pursuant to this bill as follows:
    (1) 10 percent to the law enforcement agency conducting the investigation that resulted in the forfeiture for use in training and equipment for the enforcement of the human trafficking laws; and
    (2) 10 percent to the district attorneys general conference for education, expenses, expert services, training or the enhancement of resources for the prosecution of and asset forfeiture in human trafficking cases.

    The clerk of the court would retain 5 percent of the proceeds.

    This bill establishes the anti-human trafficking fund. The clerk would transmit the remainder of the proceeds to the fund. The fund would be managed by the treasurer and monies from the fund would be expended to fund activities authorized by this bill. Any excess revenues or appropriations would not revert at the end of the fiscal year, but would remain available for appropriation in subsequent fiscal years.

    The general assembly would appropriate monies from the anti-human trafficking fund to the department of finance and administration for the department to provide grants to agencies or groups that are incorporated as a not-for-profit organization, are tax-exempt under section 501 of the Internal Revenue Code and that have provided services to victims of human trafficking for at least six months prior to the application for funds. The grants would be for the purpose of:
    (1) Providing direct services to victims of human trafficking;
    (2) Conducting programs for the prevention of human trafficking; or
    (3) Conducting education, training, or public outreach programs about human trafficking.

    ON APRIL 28, 2011, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 171, AS AMENDED.

    AMENDMENT #1 requires that the clerk of court for the jurisdiction where property used in commission of human trafficking offenses is seized must give 20 percent, rather than 10 percent, to the law enforcement that conducted the investigation and to the district attorneys general conference respectively.

  • No fiscal note for this bill.
  • House Floor and Committee Votes

    HB0171 by Coley - FLOOR VOTE: AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/28/2011
    Passed
              Ayes...............................................91
              Noes................................................0

              Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brown, Butt, Campbell, Camper, Carr, Casada, Casada, Cobb, Coley, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Favors, Fitzhugh, Fitzhugh, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Harwell, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Jones S, Keisling, Kernell, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McDonald, McManus, Miller D, Miller L, Montgomery, Moore, Naifeh, Niceley, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Tindell, Towns, Turner J, Turner M, Weaver, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 91.

              HB0171 by Coley - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar 1 4/21/2011
              Voice Vote - Ayes Prevail

              HB0171 by Coley - HOUSE CRIMINAL JUSTICE COMMITTEE:
    Recommended for passage w/amendments- refer to: Calendar & Rules Committee 4/19/2011
              Voice Vote - Ayes Prevail

              HB0171 by Coley - HOUSE CRIMINAL JUSTICE SUBCOMMITTEE:
    Recommended for passage w/amendments- refer to: Judiciary Committee 4/13/2011
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    Senate moved to substitute and conform to HB0171

    HB0171 by Coley - FLOOR VOTE: THIRD CONSIDERATION 5/18/2011
    Passed
              Ayes...............................................29
              Noes................................................1

              Senators voting aye were: Barnes, Beavers, Bell, Berke, Burks, Campfield, Faulk, Finney L, Ford, Gresham, Harper, Haynes, Herron, Johnson, Kelsey, Ketron, Marrero, McNally, Norris, Overbey, Ramsey, Roberts, Southerland, Summerville, Tate, Tracy, Watson, Woodson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 29.
              Senators voting no were: Henry -- 1.

    SB0604 by Marrero - SENATE JUDICIARY COMMITTEE:
    Recommended for passage w/amendments- refer to: S. Cal. Comm. 5/11/2011
    Passed
              Ayes................................................9
              Noes................................................0

              Senators voting aye were: Barnes, Beavers, Bell, Campfield, Ford, Kelsey, Marrero, Overbey, Yager -- 9.