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Texas House Bill HB2992

Texas 2023 - 88th Regular

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11 By: Harrison, Thompson of Harris H.B. No. 2992
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33
44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to asset forfeiture under the Code of Criminal Procedure.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Chapter 59, Code of Criminal Procedure, is
99 amended by adding Articles 59.0221 and 59.0222 to read as follows:
1010 Art. 59.0221. EXEMPT PROPERTY. Notwithstanding any other
1111 law, a motor vehicle valued at less than $10,000 is exempt from
1212 forfeiture under this chapter.
1313 Art. 59.0222. INNOCENT OWNER. Notwithstanding any other
1414 law, the property of an innocent owner may not be forfeited.
1515 SECTION 2. Article 59.06, Code of Criminal Procedure, is
1616 amended by amending Subsections (c-1) and (m) and adding
1717 Subsections (v), (w), and (x) to read as follows:
1818 (c-1) Notwithstanding Subsection (a), the attorney
1919 representing the state and special rangers of the Texas and
2020 Southwestern Cattle Raisers Association who meet the requirements
2121 of Article 2.125 may enter into a local agreement that allows the
2222 attorney representing the state to transfer proceeds from the sale
2323 of forfeited property described by Subsection (c), after the
2424 deduction of court costs as described by that subsection, to a
2525 special fund established for the special rangers. Proceeds
2626 transferred under this subsection must be used by the special
2727 rangers solely for law enforcement purposes. Any expenditures of
2828 the proceeds are subject to the audit provisions established under
2929 this chapter [article].
3030 (m) As a specific exception to Subdivisions (1)-(3) of
3131 Subsection (c), a law enforcement agency or attorney representing
3232 the state may use proceeds received under this chapter to contract
3333 with a person or entity to prepare an audit required by this chapter
3434 [as required by Subsection (g)].
3535 (v) As a specific exception to Subsection (c) that the funds
3636 described by that subsection be used only for the official purposes
3737 of the attorney representing the state or for law enforcement
3838 purposes, the attorney representing the state or the head of a law
3939 enforcement agency, as applicable, may use any portion of the gross
4040 amount credited to the attorney's or agency's special fund under
4141 Subsection (c) to pay:
4242 (1) the fee charged by the attorney general under
4343 Article 59.17; or
4444 (2) any costs incurred by the attorney representing
4545 the state or the law enforcement agency to compile information or
4646 submit reports to the attorney general as required by Articles
4747 59.15 and 59.16.
4848 (w) Notwithstanding any other provision of this article, if
4949 a law enforcement agency does not comply with Article 59.16(c), the
5050 attorney representing the state may not disburse funds received
5151 under this chapter to the agency, and the agency may not expend any
5252 proceeds or use any property awarded under this article, until the
5353 agency submits the report required by that subsection.
5454 (x) Notwithstanding any other provision of this article, if
5555 the attorney representing the state does not comply with Article
5656 59.16(c), the attorney may not expend any proceeds or use any
5757 property received under this chapter and awarded under this article
5858 until after the attorney submits the report required by that
5959 subsection.
6060 SECTION 3. Article 59.061, Code of Criminal Procedure, is
6161 amended by adding Subsections (a-1) and (e) to read as follows:
6262 (a-1) On request of a member of the legislature, the state
6363 auditor shall perform an audit described by Subsection (a). The
6464 state auditor is not required to perform more than one audit per
6565 year under this subsection.
6666 (e) Not later than the 90th day after the date that an audit
6767 under Subsection (a) or (a-1) is completed, the state auditor shall
6868 submit a copy of the audit to the attorney general. The attorney
6969 general shall promptly publish the audit on the publicly accessible
7070 Internet website established under Article 59.16.
7171 SECTION 4. Chapter 59, Code of Criminal Procedure, is
7272 amended by adding Articles 59.15, 59.16, 59.17, 59.18, and 59.19 to
7373 read as follows:
7474 Art. 59.15. CASE TRACKING SYSTEM. (a) The attorney general
7575 shall establish and maintain a case tracking system to collect and
7676 organize data regarding property seized or forfeited under this
7777 chapter or under an agreement with the federal government. The case
7878 tracking system must include the information described by
7979 Subsection (b).
8080 (b) When property is seized or forfeited under this chapter
8181 or under an agreement with the federal government, the law
8282 enforcement agency that seized the property or the attorney
8383 representing the state in the forfeiture proceeding, as assigned by
8484 the attorney general for reporting purposes under Subsection (d),
8585 shall submit the following information to the attorney general, to
8686 the extent the information is available or applicable:
8787 (1) the name of the law enforcement agency that seized
8888 the property, or the name of the law enforcement agency with primary
8989 responsibility for seizing the property, if more than one agency
9090 was involved in the seizure;
9191 (2) the date of the seizure;
9292 (3) a description of the property seized;
9393 (4) the location of the seizure;
9494 (5) if the seizure occurred on a highway, the
9595 direction of the traffic flow;
9696 (6) an estimated value of the property seized;
9797 (7) the alleged offense that gave rise to the seizure;
9898 (8) if charges were filed in relation to the seizure:
9999 (A) the offense charged;
100100 (B) the criminal case number;
101101 (C) the court in which the charges were filed;
102102 and
103103 (D) the disposition of the charges;
104104 (9) whether forfeiture is sought under federal law,
105105 and if so:
106106 (A) whether a joint task force consisting of
107107 state or local law enforcement officers and federal law enforcement
108108 officers collaborated on the seizure; and
109109 (B) whether a federal law enforcement agency
110110 asserted jurisdiction over a seizure made by a state or local law
111111 enforcement agency without involvement in the seizure by the
112112 federal law enforcement agency;
113113 (10) the civil case number of the forfeiture
114114 proceeding and the court in which the forfeiture proceeding was
115115 filed;
116116 (11) whether an owner or interest holder of the seized
117117 property filed a claim or counterclaim in the forfeiture
118118 proceeding, and if so, whether the owner or interest holder was the
119119 person from whom the property was seized, an innocent owner, a
120120 creditor, or another party;
121121 (12) whether an owner or interest holder of the seized
122122 property defaulted in the forfeiture proceeding;
123123 (13) whether there was a settlement agreement in the
124124 forfeiture proceeding;
125125 (14) the date of the forfeiture order;
126126 (15) whether the seized property:
127127 (A) was fully or partially returned to the person
128128 from whom the property was seized;
129129 (B) was sold or donated;
130130 (C) was destroyed;
131131 (D) was retained by a law enforcement agency or
132132 attorney representing the state; or
133133 (E) is pending disposition;
134134 (16) the date of final disposition of the seized
135135 property;
136136 (17) the amount of attorney's fees awarded to an owner
137137 or interest holder of the seized property;
138138 (18) an estimate of the total costs to:
139139 (A) store the seized or forfeited property;
140140 (B) pay for law enforcement officers' and
141141 personnel salaries for work performed in relation to the forfeiture
142142 proceeding;
143143 (C) pay the attorney representing the state for
144144 work performed in relation to the forfeiture proceeding; and
145145 (D) sell or dispose of the forfeited property;
146146 (19) if property was retained by a law enforcement
147147 agency or attorney representing the state, the purpose for which
148148 the property was used;
149149 (20) the total market value of the forfeited property,
150150 including currency, proceeds from the sale of property, and
151151 distributions received from the federal government; and
152152 (21) the total market value of the forfeited property
153153 that was retained by the state, destroyed, sold, or donated.
154154 (c) If the property seized or forfeited was alcohol or a
155155 controlled substance or drug paraphernalia as defined by Section
156156 481.002, Health and Safety Code, a law enforcement agency or
157157 attorney representing the state may not submit information required
158158 by Subsections (b)(3), (20), and (21) to the case tracking system.
159159 (d) The attorney general shall assign the responsibility
160160 for submitting the information required under Subsection (b) to
161161 appropriate state or local law enforcement agencies or attorneys
162162 representing the state.
163163 (e) If property was seized from a confidential informant,
164164 the law enforcement agency or attorney representing the state may
165165 delay submitting the information required under Subsection (b) for
166166 any period in which the informant continues to cooperate with the
167167 agency or attorney.
168168 (f) If a law enforcement agency or an attorney representing
169169 the state responsible for submitting information to the attorney
170170 general under Subsection (b) has not seized any property during the
171171 period specified by the attorney general, the agency or attorney
172172 shall file a report stating that no property was seized.
173173 (g) The attorney general shall adopt rules as necessary to
174174 implement this section, including rules regarding how frequently
175175 law enforcement agencies and attorneys representing the state must
176176 submit information required by Subsection (b).
177177 Art. 59.16. SEARCHABLE INTERNET DATABASE; REPORTS OF
178178 EXPENDITURES. (a) The attorney general shall establish and make
179179 available to the public an Internet website with a searchable
180180 database that includes the following information, subject to
181181 Subsection (b):
182182 (1) the information submitted to the attorney general
183183 for inclusion in the case tracking system under Article 59.15(b);
184184 (2) the total amount of funds expended from the
185185 proceeds of property seized or forfeited under this chapter or
186186 under an agreement with the federal government in the following
187187 categories:
188188 (A) drug abuse, crime, and gang prevention or
189189 other community programs;
190190 (B) compensation, reparations, or other similar
191191 types of funds paid to or in behalf of victims;
192192 (C) investigation costs, including controlled
193193 buys, forensics, informant fees, and witness protection;
194194 (D) expenses related to the storage,
195195 maintenance, repair, or return of seized property;
196196 (E) expenses related to forfeiture proceedings
197197 under this chapter, including court costs, attorney's fees, and
198198 costs related to auditing, discovery, court reporters, printing,
199199 postage, and witnesses;
200200 (F) government personnel costs, including
201201 salaries, overtime, and benefits;
202202 (G) government travel and training, including
203203 conferences, continuing education, entertainment, and meals;
204204 (H) government administrative and operating
205205 expenses, including office supplies, postage, printing, utilities,
206206 and repairs and maintenance of vehicles or other equipment; and
207207 (I) government capital expenditures, including
208208 appliances, canines, computers, equipment, firearms, furniture,
209209 and vehicles;
210210 (3) an itemized list of any other expenditure of
211211 proceeds that was received from a forfeiture under this chapter or
212212 under an agreement with the federal government and that was
213213 reported under Subsection (c), other than expenditures described by
214214 Subdivision (2) and including payments to trade associations,
215215 lobbyists, and other agencies; and
216216 (4) the total value of seized and forfeited property
217217 held by the law enforcement agency or attorney representing the
218218 state at the end of the state fiscal year.
219219 (b) The attorney general may not require a law enforcement
220220 agency or attorney representing the state to disclose, and the
221221 Internet website may not include:
222222 (1) the name, address, contact information, or other
223223 personally identifying information of an owner or interest holder
224224 of the seized property, business entity, or other individual
225225 involved in the forfeiture proceeding; or
226226 (2) the address, vehicle identification number, or
227227 serial number of any seized or forfeited property.
228228 (c) A law enforcement agency or attorney representing the
229229 state that expends funds from the proceeds of property seized or
230230 forfeited under this chapter or under an agreement with the federal
231231 government shall submit a report with the information required by
232232 Subsections (a)(2) and (3) to the attorney general not later than
233233 the 30th day after the end of the state fiscal year. The commander
234234 of a multijurisdictional task force may appoint one law enforcement
235235 agency to report the relevant expenditures.
236236 (d) The attorney general may extend the 30-day period under
237237 Subsection (c) for a period determined by the attorney general if
238238 the attorney general finds good cause for the extension.
239239 (e) A law enforcement agency or attorney representing the
240240 state in violation of Subsection (c) is subject to a civil penalty
241241 for each violation:
242242 (1) in an amount equal to $500, or 25 percent of the
243243 forfeiture proceeds received by the law enforcement agency or
244244 attorney representing the state, whichever is greater; or
245245 (2) in a reasonable amount determined by the office of
246246 the attorney general.
247247 (f) Sovereign immunity of this state and governmental
248248 immunity of a political subdivision to suit and from liability is
249249 waived to the extent of liability created by Subsection (e).
250250 (g) The office of the attorney general shall deposit a civil
251251 penalty collected under this article in the general revenue fund.
252252 (h) The attorney general may adopt rules as necessary to
253253 implement this article.
254254 Art. 59.17. ATTORNEY GENERAL MAY CHARGE FEE. The attorney
255255 general may charge a reasonable fee to a law enforcement agency or
256256 attorney representing the state that submits information under
257257 Article 59.15 or 59.16 to cover the costs associated with
258258 maintaining the case tracking system and Internet website
259259 established under Articles 59.15 and 59.16.
260260 Art. 59.18. ATTORNEY GENERAL REPORT. (a) Not later than
261261 the 120th day after the end of the state fiscal year, the attorney
262262 general shall compile and submit to the governor, the lieutenant
263263 governor, and the speaker of the house of representatives a report
264264 summarizing activity related to property seized or forfeited under
265265 this chapter. The report must include:
266266 (1) the type, approximate value, and disposition of
267267 property seized or forfeited under this chapter; and
268268 (2) the total amount of funds received or expended
269269 from the proceeds of property seized or forfeited under this
270270 chapter.
271271 (b) The information included in the report must be:
272272 (1) disaggregated by agency; and
273273 (2) for information required by Articles 59.16(a)(2)
274274 and (3), organized by the categories described under those
275275 subdivisions.
276276 (c) The attorney general may include in the report required
277277 by Subsection (a) legislative recommendations to ensure
278278 expenditures related to the seizure or forfeiture of property under
279279 this chapter are expended and reported in a manner that is fair to
280280 victims, owners or interest holders of seized property, residents
281281 of this state, law enforcement agencies and attorneys representing
282282 the state, and taxpayers.
283283 (d) The attorney general shall post a copy of the report
284284 required by Subsection (a) on the publicly accessible Internet
285285 website established under Article 59.16.
286286 Art. 59.19. PUBLIC DISCLOSURE. All information and reports
287287 submitted to the attorney general or published by the attorney
288288 general under Articles 59.15, 59.16, and 59.18, other than Article
289289 59.16(b), are public information subject to disclosure under
290290 Chapter 552, Government Code.
291291 SECTION 5. Articles 59.06(l) and (s), Code of Criminal
292292 Procedure, are repealed.
293293 SECTION 6. The change in law made by this Act applies only
294294 to a state fiscal year beginning on or after January 1, 2024.
295295 SECTION 7. This Act takes effect September 1, 2023.