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Facts: Defendant pays law enforcement officer a cash bribe. Multiple times. Officer puts money in evidence locker, eventually copies and deposits.

Question: How do you "forfeit" the defendant's right to the money? Is it a Chapter 59 forfeiture? Or is there some other provision or theory under which the money is forfeited to the State? And be kind if I am missing the obvious!
 
Posts: 97 | Location: Austin, TX | Registered: May 20, 2002Reply With QuoteReport This Post
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Under Chapter 59
Contraband is property of any nature . . .that is used in the commision of any first or second degree felony.

Under 36.02 Bribery
Bribery is a Second Degree Felony

Therefore Chapter 59 seems to be the way to go.
 
Posts: 169 | Registered: June 30, 2005Reply With QuoteReport This Post
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