83R6166 JSC-F
By: Patrick S.B. No. 878
A BILL TO BE ENTITLED
AN ACT
relating to criminal asset forfeiture, the disposition of proceeds
and property from criminal asset forfeiture, and accountability for
that disposition.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 59.06, Code of Criminal Procedure, is
amended by amending Subsections (c), (c-1), and (g) and adding
Subsections (d-3) and (d-4) to read as follows:
(c) If a local agreement exists between the attorney
representing the state and law enforcement agencies, all money,
securities, negotiable instruments, stocks or bonds, or things of
value, or proceeds from the sale of those items, shall be deposited,
after the deduction of court costs to which a district court clerk
is entitled under Article 59.05(f), according to the terms of the
agreement into one or more of the following funds:
(1) a special fund in the county treasury for the
benefit of the office of the attorney representing the state, to be
used by the attorney solely for the official purposes of his office;
(2) a special fund in the municipal treasury if
distributed to a municipal law enforcement agency, to be used
solely for law enforcement purposes[, such as salaries and overtime
pay for officers, officer training, specialized investigative
equipment and supplies, and items used by officers in direct law
enforcement duties];
(3) a special fund in the county treasury if
distributed to a county law enforcement agency, to be used solely
for law enforcement purposes; or
(4) a special fund in the state law enforcement agency
if distributed to a state law enforcement agency, to be used solely
for law enforcement purposes.
(c-1) Notwithstanding Subsection (a), the attorney
representing the state and special rangers of the Texas and
Southwestern Cattle Raisers Association who meet the requirements
of Article 2.125 may enter into a local agreement that allows the
attorney representing the state to transfer proceeds from the sale
of forfeited property described by Subsection (c), after the
deduction of court costs as described by that subsection, to a
special fund established for the special rangers. Proceeds
transferred under this subsection must be used by the special
rangers solely for law enforcement purposes[, such as training,
essential equipment, and operating expenses]. Any expenditures of
the proceeds are subject to the audit provisions established under
this article.
(d-3) Except as otherwise provided by this article, an
expenditure of proceeds or property received under this chapter is
considered to be for a law enforcement purpose if the expenditure is
made for an activity of a law enforcement agency that relates to the
criminal and civil enforcement of the laws of this state, including
an expenditure made for:
(1) salary and overtime of employees;
(2) equipment, including vehicles, computers,
firearms, protective body armor, furniture, software, uniforms,
and maintenance equipment;
(3) supplies, including office supplies, mobile phone
and data account fees for employees, and Internet services;
(4) investigative and training-related travel
expenses, including payment for hotel rooms, airfare, meals, rental
of and fuel for a motor vehicle, and parking;
(5) conferences and training expenses, including fees
and materials;
(6) investigative costs, including payments to
informants and lab expenses;
(7) crime prevention and treatment programs;
(8) facility costs, including building purchase,
lease payments, remodeling and renovating, maintenance, and
utilities;
(9) witness-related costs, including travel and
security; and
(10) audit costs and fees, including audit preparation
and professional fees.
(d-4) Except as otherwise provided by this article, an
expenditure of proceeds or property received under this chapter is
considered to be for an official purpose of an attorney's office if
the expenditure is made for an activity of an attorney representing
the state that relates to the criminal and civil enforcement of the
laws of this state, including an expenditure made for:
(1) salary and overtime of employees;
(2) equipment, including vehicles, computers, visual
aid equipment for litigation, firearms, body armor, furniture,
software, and uniforms;
(3) supplies, including office supplies, legal
library supplies and access fees, mobile phone and data account
fees for employees, and Internet services;
(4) prosecution and training-related travel expenses,
including payment for hotel rooms, airfare, meals, rental of and
fuel for a motor vehicle, and parking;
(5) conferences and training expenses, including fees
and materials;
(6) investigative costs, including payments to
informants and lab expenses;
(7) crime prevention and treatment programs;
(8) facility costs, including building purchase,
lease payments, remodeling and renovating, maintenance, and
utilities; and
(9) legal fees, including court costs, witness fees,
and audit costs and fees.
(g)(1) All law enforcement agencies and attorneys
representing the state who receive proceeds or property under this
chapter shall account for the seizure, forfeiture, receipt, and
specific expenditure of all the proceeds and property in an audit,
which is to be performed annually by the auditor of the law
enforcement agency, the political subdivision of the state, or the
attorney representing the state [commissioners court or governing
body of a municipality], as appropriate, or an accounting
professional under contract for the purpose of complying with this
subdivision. The annual period of the audit for a law enforcement
agency is the fiscal year of the appropriate county or municipality
and the annual period for an attorney representing the state is the
state fiscal year. The attorney general may adopt a secure process
for electronically completing, verifying, and submitting an audit
report under this subdivision. The secure process adopted under
this subdivision may require digital signatures or unique login
protocols. The audit must be completed on an audit reporting [a]
form provided by the attorney general and available on the attorney
general's Internet website or completed electronically according
to the protocols adopted by the attorney general and must include a
detailed list [report] and explanation of all expenditures,
including salaries and overtime pay, officer training,
investigative equipment and supplies, and other items. The
completed audit report must be certified by the auditor or
accounting professional and the head of the law enforcement agency,
political subdivision, or attorney representing the state in a
manner specified by the attorney general to show that the
information provided is correct. Certified copies of the audit
report shall be delivered or electronically submitted by the law
enforcement agency or attorney representing the state to the
attorney general not later than the 60th day after the date on which
the annual period that is the subject of the audit ends.
(2) If a copy of the audit report is not delivered or
electronically submitted to the attorney general within the period
required by Subdivision (1), within five days after the end of the
period the attorney general shall notify the law enforcement agency
or the attorney representing the state of that fact. On a showing
of good cause, the attorney general may grant an extension
permitting the agency or attorney to deliver or electronically
submit a copy of the audit report after the period required by
Subdivision (1) and before the 76th day after the date on which the
annual period that is the subject of the audit ends. If the law
enforcement agency or the attorney representing the state fails to
establish good cause for not delivering or electronically
submitting the copy of the audit report within the period required
by Subdivision (1) or fails to deliver or electronically submit a
copy of an audit report within the extension period, the attorney
general shall notify the comptroller of that fact.
(3) On notice under Subdivision (2), the comptroller
shall perform the audit otherwise required by Subdivision (1). At
the conclusion of the audit, the comptroller shall forward or
electronically submit a copy of the audit report to the attorney
general. The law enforcement agency or attorney representing the
state is liable to the comptroller for the costs of the comptroller
in performing the audit.
SECTION 2. The changes in law made by this Act in adding
Articles 59.06(d-3) and (d-4), Code of Criminal Procedure, apply to
the disposition or use, on or after the effective date of this Act,
of proceeds or property received by a law enforcement agency or
attorney representing the state under Chapter 59, Code of Criminal
Procedure, regardless of whether the receipt of the proceeds or
property occurred before, on, or after the effective date of this
Act.
SECTION 3. The changes in law made by this Act in amending
Article 59.06(g), Code of Criminal Procedure, apply to any audit
performed under that subsection on or after the effective date of
this Act.
SECTION 4. This Act takes effect September 1, 2013.