| 1 | 1 | | 85R3459 AJZ-D |
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| 2 | 2 | | By: Huffines S.B. No. 662 |
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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 reporting of proceeds and property from asset |
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| 8 | 8 | | forfeiture proceedings under the Code of Criminal Procedure. |
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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(g)(1), Code of Criminal Procedure, |
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| 11 | 11 | | is amended to read as follows: |
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| 12 | 12 | | (1) All law enforcement agencies and attorneys |
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| 13 | 13 | | representing the state who receive proceeds or property under this |
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| 14 | 14 | | chapter shall account for the seizure, forfeiture, receipt, and |
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| 15 | 15 | | specific expenditure of all the proceeds and property in an audit, |
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| 16 | 16 | | which is to be performed annually by the commissioners court or |
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| 17 | 17 | | governing body of a municipality, as appropriate. The annual |
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| 18 | 18 | | period of the audit for a law enforcement agency is the fiscal year |
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| 19 | 19 | | of the appropriate county or municipality and the annual period for |
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| 20 | 20 | | an attorney representing the state is the state fiscal year. The |
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| 21 | 21 | | audit must be completed on a form provided by the attorney general |
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| 22 | 22 | | and must include a detailed report and explanation of all |
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| 23 | 23 | | expenditures, including salaries and overtime pay, officer |
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| 24 | 24 | | training, investigative equipment and supplies, and other items. |
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| 25 | 25 | | The audit must also include a detailed report that itemizes all |
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| 26 | 26 | | seizures of proceeds or property under this chapter and that |
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| 27 | 27 | | indicates the specific criminal offense on which each seizure was |
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| 28 | 28 | | based and, if charges were brought in connection with the offense, |
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| 29 | 29 | | the disposition of those charges. Certified copies of the audit |
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| 30 | 30 | | shall be delivered by the law enforcement agency or attorney |
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| 31 | 31 | | representing the state to the attorney general not later than the |
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| 32 | 32 | | 60th day after the date on which the annual period that is the |
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| 33 | 33 | | subject of the audit ends. |
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| 34 | 34 | | SECTION 2. Article 59.06, Code of Criminal Procedure, is |
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| 35 | 35 | | amended by adding Subsection (g-1) to read as follows: |
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| 36 | 36 | | (g-1) Not later than February 1 of each year, the attorney |
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| 37 | 37 | | general shall publish a report summarizing the results of the |
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| 38 | 38 | | audits received during the preceding calendar year. The attorney |
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| 39 | 39 | | general shall make the report available to the public on the |
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| 40 | 40 | | attorney general's Internet website. |
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| 41 | 41 | | SECTION 3. The changes in law made by this Act in amending |
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| 42 | 42 | | Article 59.06(g)(1), Code of Criminal Procedure, apply to any audit |
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| 43 | 43 | | performed under that subdivision on or after the effective date of |
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| 44 | 44 | | this Act. |
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| 45 | 45 | | SECTION 4. This Act takes effect September 1, 2017. |
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