TO: Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB132 by Canales (Relating to criminal asset forfeiture proceedings.), As Introduced
TO: Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB132 by Canales (Relating to criminal asset forfeiture proceedings.), As Introduced
Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB132 by Canales (Relating to criminal asset forfeiture proceedings.), As Introduced
HB132 by Canales (Relating to criminal asset forfeiture proceedings.), As Introduced
LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure and the Parks and Wildlife Code to change the burden of proof in asset forfeiture proceedings from a preponderance of the evidence to clear and convincing evidence. The bill would also limit when a law enforcement agency or an attorney representing the state may transfer, or coordinate to transfer, property subject to asset forfeiture to a federal authority or agency.Based on the analysis of the Office of Court Administration, Texas Military Department, Texas Department of Public Safety, and Texas Parks and Wildlife Department, it is assumed that duties and responsibilities associated with implementing the bill could be accomplished utilizing available resources. In addition, no significant fiscal impact to the state court system is anticipated with the implementation of the bill. Local Government ImpactThe City of El Paso anticipates a negative fiscal impact of $867,000 per fiscal year due to reduced asset forfeiture funds received by the police department. The City of Abilene anticipates a significant fiscal impact to the police department due to reduced access to asset forfeiture funds. Source Agencies: b > td > 212 Office of Court Admin, 401 Military Department, 405 Department of Public Safety, 802 Parks and Wildlife Department LBB Staff: b > td > JMc, DKn, MW, BH, AF
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
Source Agencies: b > td > 212 Office of Court Admin, 401 Military Department, 405 Department of Public Safety, 802 Parks and Wildlife Department
LBB Staff: b > td > JMc, DKn, MW, BH, AF
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Code of Criminal Procedure and the Parks and Wildlife Code to change the burden of proof in asset forfeiture proceedings from a preponderance of the evidence to clear and convincing evidence. The bill would also limit when a law enforcement agency or an attorney representing the state may transfer, or coordinate to transfer, property subject to asset forfeiture to a federal authority or agency.Based on the analysis of the Office of Court Administration, Texas Military Department, Texas Department of Public Safety, and Texas Parks and Wildlife Department, it is assumed that duties and responsibilities associated with implementing the bill could be accomplished utilizing available resources. In addition, no significant fiscal impact to the state court system is anticipated with the implementation of the bill.
Local Government Impact
The City of El Paso anticipates a negative fiscal impact of $867,000 per fiscal year due to reduced asset forfeiture funds received by the police department. The City of Abilene anticipates a significant fiscal impact to the police department due to reduced access to asset forfeiture funds.
The City of Abilene anticipates a significant fiscal impact to the police department due to reduced access to asset forfeiture funds.
Source Agencies: b > td > 212 Office of Court Admin, 401 Military Department, 405 Department of Public Safety, 802 Parks and Wildlife Department
212 Office of Court Admin, 401 Military Department, 405 Department of Public Safety, 802 Parks and Wildlife Department
LBB Staff: b > td > JMc, DKn, MW, BH, AF
JMc, DKn, MW, BH, AF