Texas House Bill HB2856

Texas 2011 - 82nd Regular

• Out of House Committee: 4/27/11
• Introduced: 3/10/11
• Refer: 3/17/11
• Report Pass: 4/5/11

Caption

Relating to criminal asset forfeiture, the disposition of proceeds and property from criminal asset forfeiture, and accountability for that disposition; providing civil penalties.

Impact

The bill introduces several key modifications to the Code of Criminal Procedure, specifically regarding how seized assets are managed and accounted for by law enforcement. Notably, law enforcement agencies are now required to submit detailed budgets for the use of any proceeds received through forfeitures. This measure is designed to ensure transparency and prevent agencies from disproportionately relying on forfeiture proceeds for their operational budgets. By requiring annual audits, the bill seeks to hold agencies accountable and ensure funds are utilized appropriately, thereby enhancing public trust.

Summary

House Bill 2856 addresses criminal asset forfeiture, focusing on the accountability and disposition of proceeds and property acquired through such forfeiture. The bill amends existing laws to enhance the safeguards around the seizure and management of forfeited assets, introducing provisions intended to prevent abuse. It prohibits law enforcement officers from coercing individuals into waiving their claims to property at the time of seizure, thereby reinforcing property rights and due process. This marks a significant shift toward more responsible enforcement practices within the state's approach to forfeiture.

Contention

While many stakeholders support the reforms instituted by HB2856, some law enforcement agencies may view these changes as constraining their operational flexibility. The requirement for strict budgeting and audits might lead to hesitance in conducting seizures, especially in cases where the value of seized property is uncertain. Furthermore, debates may arise regarding the balance between law enforcement needs and civil liberties, as advocates for criminal justice reform argue for even stricter controls on asset forfeiture practices, citing historical abuses in this area.