SB 1402

Abstract

Amends the Code of Criminal Procedure of 1963. Allows the prosecution in a criminal case to bring an action seeking a court order to freeze the assets of a person charged with or convicted of a criminal offense if there are grounds to believe the defendant may dissipate the assets to avoid paying any fine, restitution, assessment, or costs that may or has been imposed as the result of a conviction. Provides the court must limit its order to allow the defendant sufficient assets for legal representation for any pending criminal charges against the defendant, including contesting any motion or order with regard to freezing his or her assets. Provides the court may limit an asset freezing order to provide the defendant with assets for his or her living and business expenses. Provides procedures for obtaining and enforcing asset freezing motions and orders. Sets forth obligations and protections for persons who are not a defendant in the case but who hold assets of the defendant subject to an asset freezing order. Allows for appeal by any party. Defines terms.