Texas House Bill HB2623

Texas 2015 - 84th Regular

Caption

Relating to forfeiture actions by the federal government and to the transfer of seized property between certain state and federal entities.

Impact

The introduction of HB2623 signifies a shift towards more stringent oversight of cooperation between state and federal entities regarding property forfeiture. By imposing a threshold value for seized goods to be eligible for federal transfer, the bill aligns state laws with a more restrictive approach, potentially reducing the volume of property that can be transferred to federal authorities. This is expected to empower state law enforcement by giving them more control over seizures and reducing the instances where federal involvement may seem warranted.

Summary

House Bill 2623 aims to regulate the transfer of forfeitable property between state law enforcement agencies and the federal government. The bill introduces amendments to the Code of Criminal Procedure, specifically adding Articles 59.15 and 59.16, which establish restrictions on these transfers. Under HB2623, direct transfers of seized property to federal authorities are limited to situations where the value of the property exceeds $50,000, and specific criteria related to the complexity and interstate nature of the seizure must be met. Additionally, cooperation in federal forfeiture actions is similarly conditioned on the value of the seized property.

Contention

Notable points of contention regarding HB2623 revolve around the balance between state rights and federal authority in property seizures. Supporters of the bill argue that it enhances accountability of law enforcement agencies, limiting their ability to unilaterally transfer valuable assets without sufficient justification and oversight. Critics might express concern that these restrictions could hinder the effectiveness of law enforcement by complicating the process of dealing with complex interstate criminal activities. Thus, discussions continue around whether the bill adequately addresses concerns over misuse of forfeiture laws while maintaining operational efficacy for law enforcement.