Texas 2013 - 83rd Regular

Texas Senate Bill SB878 Compare Versions

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1	1	By: Patrick S.B. No. 878
2	2	(Carter)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the disposition of proceeds and property from criminal
8	8	asset forfeiture.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 59.06, Code of Criminal Procedure, is
11	11	amended by amending Subsections (c) and (c-1) and adding
12	12	Subsections (d-3) and (d-4) to read as follows:
13	13	(c) If a local agreement exists between the attorney
14	14	representing the state and law enforcement agencies, all money,
15	15	securities, negotiable instruments, stocks or bonds, or things of
16	16	value, or proceeds from the sale of those items, shall be deposited,
17	17	after the deduction of court costs to which a district court clerk
18	18	is entitled under Article 59.05(f), according to the terms of the
19	19	agreement into one or more of the following funds:
20	20	(1) a special fund in the county treasury for the
21	21	benefit of the office of the attorney representing the state, to be
22	22	used by the attorney solely for the official purposes of his office;
23	23	(2) a special fund in the municipal treasury if
24	24	distributed to a municipal law enforcement agency, to be used
25	25	solely for law enforcement purposes[, such as salaries and overtime
26	26	pay for officers, officer training, specialized investigative
27	27	equipment and supplies, and items used by officers in direct law
28	28	enforcement duties];
29	29	(3) a special fund in the county treasury if
30	30	distributed to a county law enforcement agency, to be used solely
31	31	for law enforcement purposes; or
32	32	(4) a special fund in the state law enforcement agency
33	33	if distributed to a state law enforcement agency, to be used solely
34	34	for law enforcement purposes.
35	35	(c-1) Notwithstanding Subsection (a), the attorney
36	36	representing the state and special rangers of the Texas and
37	37	Southwestern Cattle Raisers Association who meet the requirements
38	38	of Article 2.125 may enter into a local agreement that allows the
39	39	attorney representing the state to transfer proceeds from the sale
40	40	of forfeited property described by Subsection (c), after the
41	41	deduction of court costs as described by that subsection, to a
42	42	special fund established for the special rangers. Proceeds
43	43	transferred under this subsection must be used by the special
44	44	rangers solely for law enforcement purposes[, such as training,
45	45	essential equipment, and operating expenses]. Any expenditures of
46	46	the proceeds are subject to the audit provisions established under
47	47	this article.
48	48	(d-3) Except as otherwise provided by this article, an
49	49	expenditure of proceeds or property received under this chapter is
50	50	considered to be for a law enforcement purpose if the expenditure is
51	51	made for an activity of a law enforcement agency that relates to the
52	52	criminal and civil enforcement of the laws of this state, including
53	53	an expenditure made for:
54	54	(1) equipment, including vehicles, computers,
55	55	firearms, protective body armor, furniture, software, uniforms,
56	56	and maintenance equipment;
57	57	(2) supplies, including office supplies, mobile phone
58	58	and data account fees for employees, and Internet services;
59	59	(3) investigative and training-related travel
60	60	expenses, including payment for hotel rooms, airfare, meals, rental
61	61	of and fuel for a motor vehicle, and parking;
62	62	(4) conferences and training expenses, including fees
63	63	and materials;
64	64	(5) investigative costs, including payments to
65	65	informants and lab expenses;
66	66	(6) crime prevention and treatment programs;
67	67	(7) facility costs, including building purchase,
68	68	lease payments, remodeling and renovating, maintenance, and
69	69	utilities;
70	70	(8) witness-related costs, including travel and
71	71	security; and
72	72	(9) audit costs and fees, including audit preparation
73	73	and professional fees.
74	74	(d-4) Except as otherwise provided by this article, an
75	75	expenditure of proceeds or property received under this chapter is
76	76	considered to be for an official purpose of an attorney's office if
77	77	the expenditure is made for an activity of an attorney or office of
78	78	an attorney representing the state that relates to the
79	79	preservation, enforcement, or administration of the laws of this
80	80	state, including an expenditure made for:
81	81	(1) equipment, including vehicles, computers, visual
82	82	aid equipment for litigation, firearms, body armor, furniture,
83	83	software, and uniforms;
84	84	(2) supplies, including office supplies, legal
85	85	library supplies and access fees, mobile phone and data account
86	86	fees for employees, and Internet services;
87	87	(3) prosecution and training-related travel expenses,
88	88	including payment for hotel rooms, airfare, meals, rental of and
89	89	fuel for a motor vehicle, and parking;
90	90	(4) conferences and training expenses, including fees
91	91	and materials;
92	92	(5) investigative costs, including payments to
93	93	informants and lab expenses;
94	94	(6) crime prevention and treatment programs;
95	95	(7) facility costs, including building purchase,
96	96	lease payments, remodeling and renovating, maintenance, and
97	97	utilities;
98	98	(8) legal fees, including court costs, witness fees,
99	99	and related costs, including travel and security, audit costs, and
100	100	professional fees; and
101	101	(9) state bar and legal association dues.
102	102	SECTION 2. The changes in law made by this Act apply to the
103	103	disposition or use, on or after the effective date of this Act, of
104	104	proceeds or property received by a law enforcement agency or
105	105	attorney representing the state under Chapter 59, Code of Criminal
106	106	Procedure, regardless of whether the receipt of the proceeds or
107	107	property occurred before, on, or after the effective date of this
108	108	Act.
109	109	SECTION 3. This Act takes effect September 1, 2013.