Asset Forfeiture.
This chapter covers what a Texas peace officer must know about asset Forfeiture, along with the statute limits that shape each element, at the level of detail the TCOLE tests.
Chapter 11 study guide.
Asset forfeiture is a civil lawsuit against property, not a criminal case against a person. The State says the property is contraband, meaning it was used in, intended for, or gained from certain crimes, and asks a district court to transfer it to the State. Chapter 59 of the Code of Criminal Procedure sets every step: what counts as contraband, how an officer may seize it, what paperwork follows, how the hearing works, and how the money may be spent.
Study it in the order a case moves. First the definition of contraband in Art. 59.01. Then seizure and the officer’s duties in Art. 59.03. Then the deadlines and notice in Art. 59.04, the hearing and defenses in Art. 59.02 and 59.05, and finally the spending rules in Art. 59.06. The numbers to memorize are few: 72 hours, 30 days, and preponderance of the evidence.
Jump to an objective10
Why every officer is trained on forfeiture
The legislature requires this training. Under the Occupations Code, TCOLE must establish a statewide comprehensive education and training program on asset forfeiture under Chapter 59 of the Code of Criminal Procedure, as part of the minimum curriculum for licensed officers.
The same program shows up again later in your career. An officer must complete the asset forfeiture program as a requirement for an intermediate proficiency certificate.
- Occupations Code Sec. 1701.253(g) · School CurriculumAs part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on asset forfeiture under Chapter 59, Code of Criminal Procedure, for licensed officers.
- Occupations Code Sec. 1701.402(d) · Proficiency CertificatesAn officer must complete the asset forfeiture program established under Sec. 1701.253(g) as a requirement for an intermediate proficiency certificate.
On the exam Match the subsection to its job: 1701.253(g) creates the program, 1701.402(d) ties it to the intermediate certificate.
Texas asset forfeiture law is found in Chapter of the Code of Criminal Procedure.
Completing the asset forfeiture training program is a requirement for the proficiency certificate.
The philosophy of forfeiture
The main goal of forfeiture is to deprive criminals of the profits and instrumentalities of crime, in a manner that benefits law enforcement and the State. It is not supposed to be extra punishment. The legislature wrote this into the statute: asset forfeiture is remedial in nature and not a form of punishment.
There are limits. The Excessive Fines Clause of the Eighth Amendment applies, so the amount seized must bear some relationship to the gravity of the underlying offense. This is the idea of proportionality: the property to be forfeited is weighed against the seriousness of the offense. The outline also flags jeopardy issues as a concern in this area.
Forfeiture is not intended to be a means of oppression. An officer and a prosecutor handling a forfeiture must seek justice, the same as in any other case.
- Remedial
- Meant to correct a wrong by taking away the profits and tools of crime, rather than to punish the person.
- Proportionality
- The property to be forfeited must bear some relationship to the seriousness of the underlying offense.
- CCP Art. 59.05(e) · Forfeiture HearingIt is the intention of the legislature that asset forfeiture is remedial in nature and not a form of punishment.
- U.S. Constitution, Eighth Amendment · Excessive Fines ClauseApplies to forfeiture. The amount seized must bear some relationship to the gravity of the underlying offense.
On the exam If a question asks whether forfeiture is punitive or remedial, the statute’s answer is remedial.
The legislature intends asset forfeiture to be in nature and not a form of punishment.
The Excessive Fines Clause that limits forfeiture is found in the Amendment.
The amount seized must bear some relationship to the of the underlying offense.
Contraband and proceeds
Everything in Chapter 59 turns on one word. Only contraband can be forfeited. Contraband means property of any nature, including real, personal, tangible or intangible property. The current statute adds that this includes a digital currency, non-fungible token or stablecoin.
Property becomes contraband in one of several ways. Paragraph (A) covers property used in the commission of listed offenses, such as any first or second degree felony under the Penal Code. Paragraph (B) is broader: property used or intended to be used in the commission of its listed offenses, such as any felony under the Texas Controlled Substances Act. Notice the difference. For a Paragraph (A) offense the property must actually have been used. For a Paragraph (B) offense, intended use is enough.
Paragraphs (C) and (D) reach the money. Contraband includes the proceeds gained from the commission of a listed felony, certain listed misdemeanors, or a crime of violence, and anything acquired with those proceeds. A car bought with drug money is contraband even if it never carried drugs. Paragraphs (E) and (F) add property used or intended to be used to facilitate certain offenses, including Chapter 43 felonies and offenses under Penal Code Sec. 20.05, 20.06 and 20.07 and Chapter 20A.
“Proceeds” is not fully defined. The statute says only what it includes: income an accused or convicted person receives from a movie, book, broadcast, website or similar work in which the crime was reenacted, and from selling tangible property whose value was increased by the notoriety of the conviction. For digital currency gained from an offense, it also includes any increase in value between acquisition and forfeiture. Otherwise the commonly understood meaning prevails: property derived from an event or transaction. A conviction is not necessary for property to be proceeds.
- Contraband
- Property of any nature that is used in, used or intended to be used in, gained from, acquired with the proceeds of, or used to facilitate the offenses listed in CCP Art. 59.01(2).
- Used in the commission of (Paragraph A)
- Any first or second degree Penal Code felony. Any felony under Penal Code Sec. 15.031(b), 21.11 or 38.04, or Chapter 29, 30, 31, 32, 33, 33A or 35. Any Chapter 43 felony not covered by Paragraph (B). Any felony under The Securities Act. Any Chapter 49 offense punishable as a third degree or state jail felony if the defendant has three prior convictions under that chapter.
- Used or intended to be used in (Paragraph B)
- Includes any felony under Health and Safety Code Chapter 481 or 483, a felony under Finance Code Chapter 152, any felony under Penal Code Chapter 20A or 34, health care program felonies, and any offense under Penal Code Chapter 71, Sec. 42.10, Sec. 46.06(a)(1) or 46.14, or Sec. 20.05, 20.06, 20.07, 43.04 or 43.05, along with certain listed misdemeanors.
- Crime of violence
- Any criminal offense defined in the Penal Code or in federal criminal law that results in a personal injury to a victim. It also covers certain collisions involving a driver who violates Transportation Code Sec. 550.021.
- Proceeds
- Commonly understood as property derived from an event or transaction. The statute says it includes income from a reenactment of the crime, from sales boosted by the notoriety of the conviction, and any increase in value of digital currency gained from an offense.
- Owner
- A person who claims an equitable or legal ownership interest in property.
- Interest holder
- The bona fide holder of a perfected lien or a perfected security interest in property.
- Seizure
- The restraint of property by a peace officer under Art. 59.03(a) or (b), by physical force or by a display of authority. It includes collecting property or taking possession of it.
- CCP Art. 59.01(2) · Definitions: ContrabandProperty of any nature, including real, personal, tangible or intangible, and including digital currency, that falls under Paragraphs (A) through (F).
- CCP Art. 59.01(7) · Definitions: ProceedsIncludes income from a work in which the crime was reenacted, from the sale of property made more valuable by the notoriety of the conviction, and any increase in value of digital currency gained from an offense.
- CCP Art. 59.02(a) · Forfeiture of ContrabandProperty that is contraband is subject to seizure and forfeiture under Chapter 59.
On the exam Watch the verbs. “Used in” goes with Paragraph (A) offenses, “used or intended to be used in” goes with Paragraph (B) offenses such as drug felonies.
Under Art. 59.01, property of any nature that is used in the commission of a listed offense is called .
Property used in the commission of any first or degree felony under the Penal Code is contraband.
For a felony under the Texas Controlled Substances Act, property is contraband if it was used or in the commission of the offense.
Contraband includes property proceeds gained from a listed felony or a crime of violence.
Questions on what you just read.
- Question 1 · LO 11.1
An officer applying for an intermediate proficiency certificate asks why the asset forfeiture course is on the checklist. Which statement is correct?
- Question 2 · LO 11.2
A defense lawyer argues that forfeiting a $90,000 truck over a minor offense is out of proportion. Which principle is the lawyer relying on?
- Question 3 · LO 11.3
A man uses cash from felony drug sales to buy a boat. The boat has never carried drugs or been used in any offense. Is the boat contraband under Art. 59.01?
The rest of Chapter 11.
- LO 11.4Defenses to forfeiture3 key terms · 4 statutes and cases · 4 fill-in-the-blank
- LO 11.5Pre-seizure planning2 statutes and cases · 2 fill-in-the-blank
- LO 11.6Search and seizure of contraband4 statutes and cases · 3 fill-in-the-blank
- LO 11.7After the seizure8 statutes and cases · 4 fill-in-the-blank
- LO 11.8The forfeiture proceeding5 statutes and cases · 4 fill-in-the-blank
- LO 11.9Other considerations in forfeiture cases2 fill-in-the-blank
- LO 11.10Where the proceeds go6 statutes and cases · 4 fill-in-the-blank
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Unlock the full guideLast checked against the Texas statutes in September 2026. This guide is a study aid for the TCOLE licensing exam. It is not legal advice, and your academy’s instruction and your department’s policy come first.
The law that drives the questions.
What recruits ask about this chapter.
How does a Texas peace officer identify requirements established by the legislature in Chapter 1701 Occupations Code for peace officers to be trained on asset forfeiture?
Identify the requirements established by the legislature in Chapter 1701 Occupations Code for peace officers to be trained on asset forfeiture.
How does a Texas peace officer identify philosophy behind forfeiture and the extent to which it is appropriate?
Identify the philosophy behind forfeiture and the extent to which it is appropriate. Includes: should forfeiture be a form of “extra punishment?”; main goal is to deprive criminals of the profits and instrumentalities of crime in a manner that benefits law enforcement and the State;
How does a Texas peace officer identify definitions of contraband and proceeds?
Identify definitions of contraband and proceeds. Includes: any first or second-degree felony under Penal Code (PC); any felony Section 15.031(b), 21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal Code; any felony under Chapter 43, Penal Code, except as provided by Paragraph (B);
How does a Texas peace officer identify defenses to forfeiture?
Identify defenses to forfeiture. Includes: statutory Defenses, Article 59.02 Code of Criminal Procedure; innocent Owner Defense (Non-Consensual) Acquired interest before forfeiture Did not know or should not reasonably have known of the act or omission giving rise to the forfeiture or that it was likely to occur at or before the time of acquiring the int…
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