Texas 2017 - 85th Regular

Texas Senate Bill SB401 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2017S0020-1 12/20/16
2	2	By: Huffman S.B. No. 401
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the seizure of property by a peace officer.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 59.03, Code of Criminal Procedure, is
10	10	amended by adding Subsections (b-1) and (c-1) and amending
11	11	Subsection (c) to read as follows:
12	12	(b-1) If property is seized under this chapter without a
13	13	warrant, the peace officer making such seizure shall without
14	14	unnecessary delay, but not later than 48 hours after the seizure,
15	15	make application for a warrant pursuant to Article 18.01 setting
16	16	forth sufficient facts that such seizure was made in accordance
17	17	with Subsection (b). If no warrant is issued, the law enforcement
18	18	agency whose officer made the seizure shall return the property to
19	19	the owner or to the person found to be in possession of the property
20	20	at the time of the seizure or to another person who demonstrates an
21	21	interest in the property, as appropriate. If a proceeding is
22	22	commenced pursuant to Article 59.04, upon motion by an owner or
23	23	interest holder in the property and prior to final hearing, the
24	24	court shall determine whether the seizure of the property was made
25	25	in accordance with Subsection (b). If the court determines that the
26	26	seizure was not made in accordance with Subsection (b), the court
27	27	shall dismiss the proceeding and order the return of the property to
28	28	the owner or to the person found to be in possession of the property
29	29	at the time of the seizure or to another person who demonstrates an
30	30	interest in the property, as appropriate. Any order of return of
31	31	the property shall be stayed upon notice and perfection of an appeal
32	32	by the attorney representing the state of the determination by the
33	33	court.
34	34	(c) A peace officer who seizes property under this chapter
35	35	has custody of the property, subject only to replevy under Article
36	36	59.02 of this code or an order of a court. A peace officer who has
37	37	custody of property shall provide the attorney representing the
38	38	state with a copy of the warrant authorizing the seizure along with
39	39	[sworn statement that contains] a schedule of the property seized
40	40	and[,] an acknowledgment that the officer has seized the property[,
41	41	and a list of the officer's reasons for the seizure]. Not later
42	42	than 72 hours after the seizure, the peace officer shall:
43	43	(1) place the property under seal;
44	44	(2) remove the property to a place ordered by the
45	45	court; or
46	46	(3) require a law enforcement agency of the state or a
47	47	political subdivision to take custody of the property and move it to
48	48	a proper location.
49	49	(c-1) A law enforcement agency in custody of property seized
50	50	shall be liable for all associated storage costs.
51	51	SECTION 2. Article 59.04(b), Code of Criminal Procedure, is
52	52	amended to read as follows:
53	53	(b) A forfeiture proceeding commences under this chapter
54	54	when the attorney representing the state files a notice of the
55	55	seizure and intended forfeiture in the name of the state with the
56	56	clerk of the district court in the county in which the seizure is
57	57	made. The attorney representing the state must attach to the notice
58	58	the warrant authorizing the seizure pursuant to [peace officer's
59	59	sworn statement under] Article 59.03 of this code or, if the
60	60	property has been seized under Article 59.12(b), the statement of
61	61	the terms and amount of the depository account or inventory of
62	62	assets provided by the regulated financial institution to the peace
63	63	officer executing the warrant in the manner described by Article
64	64	59.12(b). Except as provided by Subsection (c) of this article, the
65	65	attorney representing the state shall cause certified copies of the
66	66	notice to be served on the following persons in the same manner as
67	67	provided for the service of process by citation in civil cases:
68	68	(1) the owner of the property; and
69	69	(2) any interest holder in the property.
70	70	SECTION 3. Article 59.05, Code of Criminal Procedure, is
71	71	amended by amending Subsection (b) and adding Subsection (h) to
72	72	read as follows:
73	73	(b) All cases under this chapter shall proceed to trial in
74	74	the same manner as in other civil cases. The state has the burden of
75	75	proving by clear and convincing [a preponderance of the] evidence
76	76	that property is subject to forfeiture.
77	77	(h) Upon dismissal of a proceeding under this chapter or a
78	78	determination by the court that the property or an interest in the
79	79	property is not forfeitable, the court may order the attorney
80	80	representing the state to pay court costs, including deposition
81	81	fees and reasonable attorney's fees, to an owner or interest holder
82	82	who makes a claim to the property in the proceeding.
83	83	SECTION 4. Articles 59.06(d-3) and (d-4), Code of Criminal
84	84	Procedure, are amended to read as follows:
85	85	(d-3) Except as otherwise provided by this article, an
86	86	expenditure of proceeds or property received under this chapter is
87	87	considered to be for a law enforcement purpose if the expenditure is
88	88	made for an activity of a law enforcement agency that relates to the
89	89	criminal and civil enforcement of the laws of this state, including
90	90	an expenditure made for:
91	91	(1) equipment, including vehicles, computers,
92	92	firearms, protective body armor, furniture, software, uniforms,
93	93	and maintenance equipment;
94	94	(2) supplies, including office supplies, mobile phone
95	95	and data account fees for employees, and Internet services;
96	96	(3) investigative and training-related travel
97	97	expenses, including payment for hotel rooms, airfare, meals, rental
98	98	of and fuel for a motor vehicle, and parking;
99	99	(4) conferences and training expenses, including fees
100	100	and materials;
101	101	(5) investigative costs, including payments to
102	102	informants and lab expenses;
103	103	(6) crime prevention and treatment programs;
104	104	(7) facility costs, including building purchase,
105	105	lease payments, remodeling and renovating, maintenance, and
106	106	utilities;
107	107	(8) witness-related costs, including travel and
108	108	security; [and]
109	109	(9) audit costs and fees, including audit preparation
110	110	and professional fees; and
111	111	(10) storage costs pursuant to Article 59.03(c-1).
112	112	(d-4) Except as otherwise provided by this article, an
113	113	expenditure of proceeds or property received under this chapter is
114	114	considered to be for an official purpose of an attorney's office if
115	115	the expenditure is made for an activity of an attorney or office of
116	116	an attorney representing the state that relates to the
117	117	preservation, enforcement, or administration of the laws of this
118	118	state, including an expenditure made for:
119	119	(1) equipment, including vehicles, computers, visual
120	120	aid equipment for litigation, firearms, body armor, furniture,
121	121	software, and uniforms;
122	122	(2) supplies, including office supplies, legal
123	123	library supplies and access fees, mobile phone and data account
124	124	fees for employees, and Internet services;
125	125	(3) prosecution and training-related travel expenses,
126	126	including payment for hotel rooms, airfare, meals, rental of and
127	127	fuel for a motor vehicle, and parking;
128	128	(4) conferences and training expenses, including fees
129	129	and materials;
130	130	(5) investigative costs, including payments to
131	131	informants and lab expenses;
132	132	(6) crime prevention and treatment programs;
133	133	(7) facility costs, including building purchase,
134	134	lease payments, remodeling and renovating, maintenance, and
135	135	utilities;
136	136	(8) legal fees, including court costs, witness fees,
137	137	and related costs, including travel and security, audit costs, and
138	138	professional fees; [and]
139	139	(9) state bar and legal association dues; and
140	140	(10) payment of costs and attorney's fees ordered to be
141	141	paid pursuant to Article 59.05(h).
142	142	SECTION 5. The changes in law made by this Act apply only to
143	143	a seizure of property that occurs on or after the effective date of
144	144	this Act. A seizure of property occurring before that date is
145	145	governed by the law in effect on the date the seizure was made, and
146	146	the former law is continued in effect for that purpose.
147	147	SECTION 6. This Act takes effect September 1, 2017.