Forfeiture of Assets - As enacted, specifies that property used in the course of, intended for use in the course of, derived from, or realized through certain terrorist acts is subject to forfeiture; creates a civil action for damages for a person injured as a result of certain terrorist acts. - Amends TCA Title 38; Title 39; Title 40 and Title 41.
Companion bill has been assigned Public Chapter Number 441 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For HB0935Date
    Comp. became Pub. Ch. 44105/26/2015
    Comp. SB subst.04/21/2015
    Sponsor(s) Added.04/21/2015
    H. Placed on Regular Calendar for 4/20/201504/17/2015
    Reset on cal. for 4/20/1504/15/2015
    H. Placed on Regular Calendar for 4/16/201504/15/2015
    Placed on cal. Calendar & Rules Committee for 4/15/201504/14/2015
    Action def. in Calendar & Rules Committee to Next Calendar04/09/2015
    Placed on cal. Calendar & Rules Committee for 4/9/201504/08/2015
    Rec. for pass. if am., ref. to Calendar & Rules Committee04/07/2015
    Placed on cal. Civil Justice Committee for 4/7/201504/01/2015
    Action def. in Civil Justice Committee to 4/7/201503/31/2015
    Placed on cal. Civil Justice Committee for 3/31/201503/25/2015
    Rec for pass if am by s/c ref. to Civil Justice Committee03/25/2015
    Placed on s/c cal Civil Justice Subcommittee for 3/25/201503/18/2015
    Sponsor(s) Added.03/03/2015
    Assigned to s/c Civil Justice Subcommittee02/24/2015
    P2C, ref. to Civil Justice Committee02/23/2015
    P1C.02/18/2015
    Intro.02/12/2015
    Filed for intro.02/12/2015
    Actions For SB0180Date
    Effective date(s) 07/01/201505/26/2015
    Pub. Ch. 44105/26/2015
    Signed by Governor.05/18/2015
    Transmitted to Governor for action.05/08/2015
    Signed by H. Speaker05/08/2015
    Signed by Senate Speaker05/07/2015
    Enrolled and ready for signatures04/27/2015
    Concurred, Ayes 31, Nays 0 (Amendment 1 - HA0334)04/22/2015
    Placed on Senate Message Calendar calendar for 4/22/201504/21/2015
    Passed H., as am., Ayes 87, Nays 3, PNV 004/21/2015
    H. adopted am. (Amendment 1 - HA0334)04/21/2015
    Subst. for comp. HB.04/21/2015
    Rcvd. from S., held on H. desk.03/26/2015
    Sponsor(s) Added.03/23/2015
    Engrossed; ready for transmission to House03/23/2015
    Passed Senate as amended, Ayes 33, Nays 003/23/2015
    Senate adopted Amendment 103/23/2015
    Placed on Senate Regular Calendar calendar for 3/23/201503/20/2015
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 9, Nays 0 PNV 003/17/2015
    Placed on Senate Judiciary Committee calendar for 3/17/201503/11/2015
    Action deferred in Senate Judiciary Committee to 3/17/201502/24/2015
    Placed on Senate Judiciary Committee calendar for 2/24/201502/19/2015
    Passed on Second Consideration, refer to Senate Judiciary Committee02/11/2015
    Introduced, Passed on First Consideration02/09/2015
    Filed for introduction01/27/2015
  • AmendmentsFiscal Memos
    HA0334Amendment 1-0 to HB0935Fiscal Memo for HA0334 (5819)  
    AmendmentsFiscal Memos
    SA0109Amendment 1-1 to SB0180Fiscal Memo for SA0109 (3849)  

    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: HB0935

  • Fiscal Summary

    NOT SIGNIFICANT


    Bill Summary

    This bill makes property that is used in the course of, intended for use in the course of, derived from, or realized through a terrorism offense subject to seizure. This bill authorizes any person who is injured as a result of a terrorism offense, and any government agency that participates in the investigation, mitigation, seizure, or forfeiture process for a terrorism offense, to file a claim for costs or damages to be satisfied from the proceeds of any property that is seized pursuant to this bill.

    This bill specifies that the seizures authorized by this bill will not affect the rights of innocent persons, including security interests in property that is subject to seizure.

    The statute of limitations for claims filed pursuant to this bill is five years.

    This bill established the following priority order for distributions made from the proceeds of property that is seized pursuant to this bill:

    (1) First, the agency that conducts the investigation will be reimbursed the costs of investigation. If more multiple agencies equally conduct the investigation, the costs of investigation will be paid equally to the investigating agencies. If one agency primarily conducts the investigation, the investigation costs first will be paid to that agency with actual vouchered costs reimbursed on a pro rata basis to the other agencies participating in the investigation, not to exceed 10 percent of the investigation costs allocated to the primary law investigating agency;
    (2) Second, 25 percent of the proceeds plus the costs of prosecution, or all of the remaining proceeds, whichever is less, will be paid to the prosecuting attorney;
    (3) Third, the investigation costs will be paid on a pro rata basis to an investigating agency that is not fully reimbursed under (1);
    (4) Fourth, the costs of mitigation, seizure, or forfeiture will be paid on a pro rata basis to an agency that participates in the mitigation, seizure, or forfeiture process; and
    (5) Fifth, any remaining proceeds will be paid on a pro rata basis to satisfy any judgments for persons injured as a result of the terrorism offense.

    ON MARCH 23, 2015, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 180, AS AMENDED.

    AMENDMENT #1 rewrites this bill to authorize the seizure and forfeiture of property involved in the commission or terrorism offenses and creates a private cause of action for victims of terrorism to sue the offender.

    This amendment makes all property, both personal and real, including money, vehicles, and other property used, or intended for use, in the course of, derived from, or realized through a terrorism offense subject to seizure and forfeiture to the state; provided, that the property owner must be convicted of a terrorism offense in order for the their property to be seized or forfeited.

    This amendment authorizes the victims of a terrorism offense and governmental agencies that investigate and prosecute a terrorism offense to make a claim with the court where the terrorism offense conviction occurs for reimbursement for damages caused by or costs associated with the investigation and prosecution of the offense, or the seizure and forfeiture of property.

    An interest in assets that are seized pursuant to this amendment will not be subject to forfeiture if the court finds that the interest was acquired prior to the commission of the offense or the interest holder has clean hands.

    All property seized and forfeited pursuant to this amendment must be sold at public auction. The full text of this amendment specifies the schedule of priority for distributing the proceeds of a forfeiture auction.

    This amendment authorizes victims of terrorism offenses to sue the perpetrator of the offense for damages. The statute of limitations for suits brought by victims will be five years. The amount of a judgment in a suit brought by a victim will be offset by the amount that the victim receives from the proceeds of a forfeiture auction where the perpetrator's property is sold.

    ON APRIL 21, 2015, THE HOUSE SUBSTITUTED SENATE BILL 180 FOR HOUSE BILL 935, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 180, AS AMENDED.

    AMENDMENT #1 adds that if property has been seized but the owner or interest holder in the property is not convicted under the Terrorism Prevention and Response Act and is no longer subject to prosecution for the conduct giving rise to the forfeiture action, then the property must be returned to the owner, unless the property is otherwise subject to forfeiture.

    This amendment authorizes such an owner or interest holder to file a petition with the court that had jurisdiction over the forfeiture claim to recover reasonable attorney's fees and any actual damages resulting from the seizure and forfeiture proceedings.

  • FiscalNote for HB0935/SB0180 filed under SB0180
  • House Floor and Committee Votes

    House moved to substitute and conform to SB0180

    SB0180 by Ketron - FLOOR VOTE: AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/21/2015
    Passed
              Ayes...............................................87
              Noes................................................3

              Representatives voting aye were: Alexander, Armstrong, Beck, Brooks H, Brooks K, Butt, Byrd, Calfee, Carr, Carter, Casada, Coley, Cooper, Daniel, DeBerry, Doss, Dunlap, Dunn, Durham, Eldridge, Faison, Farmer, Fitzhugh, Forgety, Goins, Gravitt, Halford, Hardaway, Harrison, Hawk, Haynes, Hazlewood, Hill M, Hill T, Holsclaw, Holt, Howell, Hulsey, Johnson, Jones, Kane, Keisling, Kumar, Lamberth, Littleton, Lollar, Love, Lundberg, Lynn, Marsh, Matheny, Matlock, McCormick, McDaniel, McManus, Mitchell, Moody, Pitts, Pody, Powers, Ragan, Ramsey, Reedy, Rogers, Sanderson, Sargent, Sexton C, Sexton J, Shaw, Shepard, Smith, Spivey, Swann, Terry, Todd, Towns, Travis, VanHuss, Weaver, White D, White M, Wilburn, Williams, Windle, Wirgau, Womick, Madame Speaker Harwell -- 87.
              Representatives voting no were: Clemmons, Powell, Stewart -- 3.

    HB0935 by Matheny - HOUSE CALENDAR & RULES COMMITTEE:
    H. Placed on Regular Calendar for 4/16/2015 4/15/2015
    Failed
              Ayes................................................0
              Noes................................................0


              HB0935 by Matheny - HOUSE JUDICIARY COMMITTEE:
    Rec. for pass. if am., ref. to Calendar & Rules Committee 4/7/2015
              Voice Vote - Ayes Prevail

              HB0935 by Matheny - HOUSE CIVIL JUSTICE SUBCOMMITTEE:
    Rec for pass if am by s/c ref. to Civil Justice Committee 3/25/2015
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    SB0180 by Ketron - FLOOR VOTE: CONCUR IN HOUSE AMEND# 1 4/22/2015
    Passed
              Ayes...............................................31
              Noes................................................0

              Senators voting aye were: Bailey, Beavers, Bell, Bowling, Briggs, Crowe, Dickerson, Gardenhire, Gresham, Haile, Harper, Harris, Hensley, Jackson, Johnson, Kelsey, Ketron, Kyle, Massey, McNally, Niceley, Norris, Overbey, Roberts, Southerland, Stevens, Tate, Tracy, Watson, Yarbro, Mr. Speaker Ramsey -- 31.

    SB0180 by Ketron - FLOOR VOTE: THIRD CONSIDERATION AMENDED 3/23/2015
    Passed
              Ayes...............................................33
              Noes................................................0

              Senators voting aye were: Bailey, Beavers, Bell, Bowling, Briggs, Crowe, Dickerson, Gardenhire, Green, Gresham, Haile, Harper, Harris, Hensley, Jackson, Johnson, Kelsey, Ketron, Kyle, Massey, McNally, Niceley, Norris, Overbey, Roberts, Southerland, Stevens, Tate, Tracy, Watson, Yager, Yarbro, Mr. Speaker Ramsey -- 33.

    SB0180 by Ketron - SENATE JUDICIARY COMMITTEE:
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 9, Nays 0 PNV 0 3/17/2015
    Passed
              Ayes................................................9
              Noes................................................0

              Senators voting aye were: Bell, Bowling, Gardenhire, Harris, Kelsey, Kyle, Overbey, Roberts, Stevens -- 9.