| 1 | 1 | | 84R2451 AJZ-D |
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| 2 | 2 | | By: Taylor of Collin S.B. No. 566 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of proceeds received from criminal asset |
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| 8 | 8 | | forfeiture. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 59.06(d), Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (d) Proceeds awarded under this chapter to a law enforcement |
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| 13 | 13 | | agency or to the attorney representing the state may be spent by the |
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| 14 | 14 | | agency or the attorney after a budget for the expenditure of the |
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| 15 | 15 | | proceeds has been submitted to and approved by the commissioners |
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| 16 | 16 | | court or governing body of the municipality. The law enforcement |
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| 17 | 17 | | agency or attorney representing the state may spend proceeds |
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| 18 | 18 | | awarded under this chapter only as proposed in the approved budget. |
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| 19 | 19 | | The budget must be detailed and clearly list and define the |
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| 20 | 20 | | categories of expenditures, but may not list details that would |
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| 21 | 21 | | endanger the security of an investigation or |
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| 22 | 22 | | prosecution. Expenditures are subject to the audit and |
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| 23 | 23 | | enforcement provisions established under this chapter. A |
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| 24 | 24 | | commissioners court or governing body of a municipality may not use |
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| 25 | 25 | | the existence of an award to offset or decrease total salaries, |
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| 26 | 26 | | expenses, and allowances that the agency or the attorney receives |
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| 27 | 27 | | from the commissioners court or governing body at or after the time |
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| 28 | 28 | | the proceeds are awarded. |
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| 29 | 29 | | SECTION 2. Article 59.06(g), Code of Criminal Procedure, is |
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| 30 | 30 | | amended by adding Subdivision (4) to read as follows: |
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| 31 | 31 | | (4) The audit prepared under this subsection is |
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| 32 | 32 | | subject to disclosure under Chapter 552, Government Code. |
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| 33 | 33 | | SECTION 3. The change in law made by this Act to Article |
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| 34 | 34 | | 59.06(d), Code of Criminal Procedure, applies only to the use of |
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| 35 | 35 | | proceeds received by a law enforcement agency or attorney |
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| 36 | 36 | | representing the state under Chapter 59, Code of Criminal |
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| 37 | 37 | | Procedure, on or after the effective date of this Act. Proceeds |
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| 38 | 38 | | received by a law enforcement agency or attorney representing the |
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| 39 | 39 | | state under Chapter 59, Code of Criminal Procedure, before the |
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| 40 | 40 | | effective date of this Act are governed by the law in effect on the |
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| 41 | 41 | | date the proceeds were received, and the former law is continued in |
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| 42 | 42 | | effect for that purpose. |
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| 43 | 43 | | SECTION 4. This Act takes effect September 1, 2015. |
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