| 1 | 1 | | By: West S.B. No. 1707 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to the use of proceeds from criminal asset forfeiture to |
|---|
| 7 | 7 | | provide college scholarships to children of peace officers killed |
|---|
| 8 | 8 | | in the line of duty and to an annual report regarding the total |
|---|
| 9 | 9 | | value of forfeited property in this state. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Article 59.06, Code of Criminal Procedure, is |
|---|
| 12 | 12 | | amended by adding Subsections (r) and (s) to read as follows: |
|---|
| 13 | 13 | | (r) As a specific exception to Subsection (c)(2), (3), or |
|---|
| 14 | 14 | | (4), a law enforcement agency may transfer not more than 10 percent |
|---|
| 15 | 15 | | of the gross amount credited to the agency's fund to a separate |
|---|
| 16 | 16 | | special fund in the treasury of the political subdivision or state |
|---|
| 17 | 17 | | law enforcement agency, as applicable. The law enforcement agency |
|---|
| 18 | 18 | | shall administer the separate special fund. Interest received from |
|---|
| 19 | 19 | | the investment of money in the fund shall be credited to the fund. |
|---|
| 20 | 20 | | The agency may use money in the fund only to provide scholarships to |
|---|
| 21 | 21 | | children of peace officers who were employed by the agency or by |
|---|
| 22 | 22 | | another law enforcement agency with which the agency has |
|---|
| 23 | 23 | | overlapping geographic jurisdiction and who were killed in the line |
|---|
| 24 | 24 | | of duty. Scholarships under this subsection may be used only to pay |
|---|
| 25 | 25 | | the costs of attendance at an institution of higher education or |
|---|
| 26 | 26 | | private or independent institution of higher education, including |
|---|
| 27 | 27 | | tuition and fees and costs for housing, books, supplies, |
|---|
| 28 | 28 | | transportation, and other related personal expenses. In this |
|---|
| 29 | 29 | | subsection, "institution of higher education" and "private or |
|---|
| 30 | 30 | | independent institution of higher education" have the meanings |
|---|
| 31 | 31 | | assigned by Section 61.003, Education Code. |
|---|
| 32 | 32 | | (s) Not later than April 1 of each year, the attorney |
|---|
| 33 | 33 | | general shall develop a report detailing the total value of |
|---|
| 34 | 34 | | forfeited property in this state in the preceding calendar year, as |
|---|
| 35 | 35 | | specified according to the law enforcement agency seizing the |
|---|
| 36 | 36 | | property. The attorney general shall maintain in a prominent |
|---|
| 37 | 37 | | location on its publicly accessible Internet website a link to the |
|---|
| 38 | 38 | | most recent annual report developed under this subsection. |
|---|
| 39 | 39 | | SECTION 2. This Act takes effect September 1, 2009. |
|---|