| 1 | 1 | | By: Coleman H.B. No. 4398 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the disposition of forfeited assets. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Article 59.06(a)(3), Texas Code of Criminal |
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| 9 | 9 | | Procedure, is amended to read as follows: |
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| 10 | 10 | | The balance, if any, after the deduction of court costs to |
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| 11 | 11 | | which a district court clerk is entitled under Article 59.05(f) |
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| 12 | 12 | | and, after that deduction, the deduction of storage and disposal |
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| 13 | 13 | | costs, to be deposited not later than the 30th day after the date of |
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| 14 | 14 | | the sale in the state treasury to the credit of the general revenue |
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| 15 | 15 | | fund for the dedicated purpose of community restoration. |
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| 16 | 16 | | SECTION 2. Article 59.06(c-3), Texas Code of Criminal |
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| 17 | 17 | | Procedure, is amended to include (2)(D) and to read as follows: |
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| 18 | 18 | | (c-3) Notwithstanding Subsection (a), with respect to |
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| 19 | 19 | | forfeited property seized in connection with a violation of Chapter |
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| 20 | 20 | | 481, Health and Safety Code (Texas Controlled Substances Act), by a |
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| 21 | 21 | | peace officer employed by the Department of Public Safety, in a |
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| 22 | 22 | | proceeding under Article 59.05 in which a default judgment is |
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| 23 | 23 | | rendered in favor of the state, the attorney representing the state |
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| 24 | 24 | | shall enter into a local agreement with the department that allows |
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| 25 | 25 | | the attorney representing the state either to: |
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| 26 | 26 | | (1) transfer forfeited property to the department to |
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| 27 | 27 | | maintain, repair, use, and operate for official purposes in the |
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| 28 | 28 | | manner provided by Subsection (b); or |
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| 29 | 29 | | (2) allocate proceeds from the sale of forfeited |
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| 30 | 30 | | property described by Subsection (c), after the deduction of court |
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| 31 | 31 | | costs as described by that subsection, in the following |
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| 32 | 32 | | proportions: |
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| 33 | 33 | | (A) 35 [40] percent to a special fund in the |
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| 34 | 34 | | department to be used solely for law enforcement purposes; |
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| 35 | 35 | | (B) 25 [30] percent to a special fund in the |
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| 36 | 36 | | county treasury for the benefit of the office of the attorney |
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| 37 | 37 | | representing the state, to be used by the attorney solely for the |
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| 38 | 38 | | official purposes of the attorney's office; [and] |
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| 39 | 39 | | (C) 10 [30] percent to the general revenue fund; |
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| 40 | 40 | | and |
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| 41 | 41 | | (D) 30 percent to the general revenue fund for |
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| 42 | 42 | | the dedicated purpose of community restoration. |
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| 43 | 43 | | SECTION 3. Article 59.06(d-2), Texas Code of Criminal |
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| 44 | 44 | | Procedure, is amended to read as follows: |
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| 45 | 45 | | (d-2) The head of a law enforcement agency or an attorney |
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| 46 | 46 | | representing the state may use as an official purpose of the agency |
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| 47 | 47 | | or attorney proceeds or property received under this chapter to |
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| 48 | 48 | | make a donation to an entity that assists in: |
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| 49 | 49 | | (1) the detection, investigation, or prosecution of: |
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| 50 | 50 | | (A) criminal offenses; or |
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| 51 | 51 | | (B) instances of abuse, as defined by Section |
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| 52 | 52 | | 261.001, Family Code; |
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| 53 | 53 | | (2) the provision of: |
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| 54 | 54 | | (A) mental health, drug, or rehabilitation |
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| 55 | 55 | | services; [or] |
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| 56 | 56 | | (B) services for victims or witnesses of criminal |
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| 57 | 57 | | offenses or instances of abuse described by Subdivision (1); or |
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| 58 | 58 | | (C) services for the purposes of community |
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| 59 | 59 | | Restoration; or |
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| 60 | 60 | | (3) the provision of training or education related to |
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| 61 | 61 | | duties or services described by Subdivision (1) or (2). |
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| 62 | 62 | | SECTION 4. Article 59.06(d-5), Texas Code of Criminal |
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| 63 | 63 | | Procedure, is added to read as follows: |
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| 64 | 64 | | (d-5) Except as otherwise provided by this article, an |
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| 65 | 65 | | expenditure or property received under this chapter is considered |
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| 66 | 66 | | to be for the purposes of community restoration if the expenditure |
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| 67 | 67 | | is made for an activity by the state or municipal governments that |
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| 68 | 68 | | relates to community quality-of-life enhancement and proactive |
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| 69 | 69 | | crime reduction following the guidelines for the social |
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| 70 | 70 | | determinants of health as specified by the Centers for Disease |
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| 71 | 71 | | Control and Prevention, including an expenditure made by the |
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| 72 | 72 | | government or by contract with non-governmental agencies to |
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| 73 | 73 | | improve: |
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| 74 | 74 | | (1) Economic Stability; |
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| 75 | 75 | | (2) Education; |
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| 76 | 76 | | (3) Social and Community; |
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| 77 | 77 | | (4) Neighborhood and Environment; or |
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| 78 | 78 | | (5) Healthcare. |
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| 79 | 79 | | SECTION 5. Article 59.06(h)(5), Texas Code of Criminal |
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| 80 | 80 | | Procedure, is added to include (h)(5): |
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| 81 | 81 | | (5) nonprofit programs designed to establish |
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| 82 | 82 | | community restoration through the five social determinants of |
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| 83 | 83 | | health as outlined by the Centers for Disease Control and |
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| 84 | 84 | | Prevention. |
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| 85 | 85 | | SECTION 6. This Act takes effect September 1, 2021. |
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