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