84R1217 AJZ-D
By: Leach H.B. No. 249
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of proceeds and property forfeited under
criminal asset forfeiture proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 59.06, Code of Criminal Procedure, is
amended by amending Subsection (g) and adding Subsection (g-1) to
read as follows:
(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 commissioners court or
governing body of a municipality, as appropriate. 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
audit must be completed on a form provided by the attorney general
and must include:
(A) a detailed report and explanation of all
expenditures, including salaries and overtime pay, officer
training, investigative equipment and supplies, and other items;
and
(B) for each seizure of proceeds or property
under this chapter, an indication of:
(i) the specific criminal offense on which
each seizure was based; and
(ii) if charges were brought in connection
with the offense, the disposition of those charges.
(2) Certified copies of the audit shall be delivered
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.
(3) [(2)] If a copy of the audit is not delivered to
the attorney general within the period required by Subdivision (2)
[(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 a copy of the audit after the period required
by Subdivision (2) [(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 the copy of the
audit within the period required by Subdivision (2) [(1)] or fails
to deliver a copy of an audit within the extension period, the
attorney general shall notify the comptroller of that fact.
(4) [(3)] On notice under Subdivision (3) [(2)], the
comptroller shall perform the audit otherwise required by
Subdivision (1). At the conclusion of the audit, the comptroller
shall forward a copy of the audit 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.
(g-1) Not later than February 1 of each year, the attorney
general shall publish a report summarizing the results of the
audits received during the preceding calendar year. The attorney
general shall make the report available to the public on its
Internet website.
SECTION 2. 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 3. This Act takes effect September 1, 2015.