Texas 2013 - 83rd Regular

Texas House Bill HB3277

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the reporting and disposition of proceeds and property from criminal asset forfeiture; authorizing a fee.

Impact

If enacted, HB3277 will impose a structured framework for law enforcement agencies regarding the reporting of criminal asset forfeiture. This move could significantly alter state laws related to asset management and accountability, ensuring that agencies are systematically documenting seizures and dispositions. Moreover, by requiring oversight from the state auditor, the bill aims to establish a level of transparency that has been criticized as lacking in current practices. The implications could lead to stricter scrutiny of how confiscated assets are utilized, potentially affecting budget allocations within law enforcement agencies.

Summary

House Bill 3277 proposes amendments to the Code of Criminal Procedure concerning the reporting and management of proceeds and properties obtained through criminal asset forfeiture. The bill introduces a uniform reporting requirement mandating law enforcement agencies to submit an annual report detailing each seizure and forfeiture. This report will include comprehensive information such as the date, type, underlying offense, value of seized property, expenditures of proceeds, and the disposition of assets. The legislation intends to enhance transparency within law enforcement practices and ensure accountability regarding the handling of forfeited assets.

Sentiment

The sentiment surrounding HB3277 appears to be generally positive among proponents who view it as a necessary step toward increased accountability and transparency in law enforcement. Supporters argue that the measures proposed will safeguard public trust by ensuring that proceeds from criminal forfeiture are handled responsibly. However, there may also be concern among some law enforcement personnel who might feel that these requirements could create additional bureaucratic burdens and slow down their operations.

Contention

Notable points of contention surrounding HB3277 may arise from the balance it seeks to strike between effective law enforcement and civil liberties. Critics may argue that while reporting requirements are essential, they could also pressure agencies in ways that hinder their operational effectiveness or lead to concerns regarding the adequacy of oversight. Additionally, there is the potential debate over the fee the state auditor may charge to law enforcement agencies for reporting, which could be viewed as an additional financial strain on budgets that are often already constrained.

Companion Bills

No companion bills found.

Similar Bills

HI SB149

Relating To Property Forfeiture.

KS HB2396

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

KS SB237

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

KS HB2380

Requiring a criminal conviction for civil asset forfeiture, remitting proceeds from civil asset forfeiture to the state general fund, increasing the burden of proof required to forfeit property, making certain property ineligible for forfeiture, providing persons involved in forfeiture proceedings representation by counsel and the ability to demand a jury trial and allowing a person to request a hearing on whether forfeiture is excessive.

KS SB458

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, providing limitations on state and local law enforcement agency requests for federal adoption of a seizure under the act, requiring probable cause affidavit filing and review to commence forfeiture proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence, authorizing courts to order payment of attorney fees and costs for certain claimants and requiring the Kansas bureau of investigation to submit forfeiture fund financial reports to the legislature.

LA SB359

Provides for civil forfeiture reform. (8/1/22)

KS HB2606

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, requiring courts to make a finding that forfeiture is not excessive, restricting actions prior to commencement of forfeiture proceedings, requiring probable cause affidavit filing and review to commence proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence and authorizing courts to order payment of attorney fees and costs for certain claimants.

HI HB1965

Relating To Property Forfeiture.