Provisions for forfeitures incident to traffic stops. 1. A sworn statement shall be made by the seizing officer as required by Texas Code of Criminal Procedure Article 59.03, including stating with particularity which provisions of the Penal Code are violated.
2. No person with an interest in any asset subject to a forfeiture proceeding can be requested to waive formal service of the forfeiture action or compromise his or her interest in such an asset until after a response to formal service is due, unless the person is being represented by counsel regarding the matter.
3. In addition to the requirements of CCP Art. 59.03(d), an officer shall not induce or accept a person’s waiver, in any form, of interest in seized property unless the person is represented by counsel in the matter or until the person has had a meaningful opportunity to seek counsel and more than thirty (30) days have passed after the due date for a response to the properly served notice of forfeiture.
4. No unrepresented defendant may sign an agreed judgment in any asset forfeiture case until at least thirty days after service.
5. No unrepresented defendant may waive service or any interest in any asset forfeiture case in exchange for an agreement not to prosecute a criminal matter unless represented by counsel or the waiver occurs in the presence of a judicial officer.
