| 1 | 1 | | 89R959 MCF-D |
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| 2 | 2 | | By: Johnson S.B. No. 839 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to asset forfeiture under the Code of Criminal Procedure. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 59, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Articles 59.0221 and 59.0222 to read as follows: |
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| 13 | 13 | | Art. 59.0221. EXEMPT PROPERTY. Notwithstanding any other |
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| 14 | 14 | | law, a motor vehicle valued at less than $10,000 is exempt from |
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| 15 | 15 | | forfeiture under this chapter. |
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| 16 | 16 | | Art. 59.0222. INNOCENT OWNER. Notwithstanding any other |
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| 17 | 17 | | law, the property of an innocent owner may not be forfeited. |
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| 18 | 18 | | SECTION 2. Article 59.06, Code of Criminal Procedure, is |
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| 19 | 19 | | amended by amending Subsections (c-1) and (m) and adding |
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| 20 | 20 | | Subsections (v), (w), and (x) to read as follows: |
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| 21 | 21 | | (c-1) Notwithstanding Subsection (a), the attorney |
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| 22 | 22 | | representing the state and special rangers of the Texas and |
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| 23 | 23 | | Southwestern Cattle Raisers Association who meet the requirements |
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| 24 | 24 | | of Article 2A.006 may enter into a local agreement that allows the |
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| 25 | 25 | | attorney representing the state to transfer proceeds from the sale |
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| 26 | 26 | | of forfeited property described by Subsection (c), after the |
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| 27 | 27 | | deduction of court costs as described by that subsection, to a |
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| 28 | 28 | | special fund established for the special rangers. Proceeds |
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| 29 | 29 | | transferred under this subsection must be used by the special |
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| 30 | 30 | | rangers solely for law enforcement purposes. Any expenditures of |
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| 31 | 31 | | the proceeds are subject to the audit provisions established under |
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| 32 | 32 | | this chapter [article]. |
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| 33 | 33 | | (m) As a specific exception to Subdivisions (1)-(3) of |
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| 34 | 34 | | Subsection (c), a law enforcement agency or attorney representing |
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| 35 | 35 | | the state may use proceeds received under this chapter to contract |
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| 36 | 36 | | with a person or entity to prepare an audit required by this chapter |
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| 37 | 37 | | [as required by Subsection (g)]. |
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| 38 | 38 | | (v) As a specific exception to the requirement of Subsection |
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| 39 | 39 | | (c) that the funds described by that subsection be used only for the |
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| 40 | 40 | | official purposes of the attorney representing the state or for law |
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| 41 | 41 | | enforcement purposes, the attorney representing the state or the |
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| 42 | 42 | | head of a law enforcement agency, as applicable, may use any portion |
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| 43 | 43 | | of the gross amount credited to the attorney's or agency's special |
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| 44 | 44 | | fund under Subsection (c) to pay: |
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| 45 | 45 | | (1) the fee charged by the attorney general under |
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| 46 | 46 | | Article 59.17; or |
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| 47 | 47 | | (2) any costs incurred by the attorney representing |
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| 48 | 48 | | the state or the law enforcement agency to compile information or |
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| 49 | 49 | | submit reports to the attorney general as required by Articles |
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| 50 | 50 | | 59.15 and 59.16. |
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| 51 | 51 | | (w) Notwithstanding any other provision of this article, if |
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| 52 | 52 | | a law enforcement agency does not comply with Article 59.16(c), the |
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| 53 | 53 | | attorney representing the state may not disburse funds received |
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| 54 | 54 | | under this chapter to the agency, and the agency may not expend any |
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| 55 | 55 | | proceeds or use any property awarded under this article, until the |
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| 56 | 56 | | agency submits the report required by that subsection. |
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| 57 | 57 | | (x) Notwithstanding any other provision of this article, if |
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| 58 | 58 | | the attorney representing the state does not comply with Article |
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| 59 | 59 | | 59.16(c), the attorney may not expend any proceeds or use any |
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| 60 | 60 | | property received under this chapter and awarded under this article |
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| 61 | 61 | | until after the attorney submits the report required by that |
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| 62 | 62 | | subsection. |
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| 63 | 63 | | SECTION 3. Article 59.061, Code of Criminal Procedure, is |
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| 64 | 64 | | amended by adding Subsections (a-1) and (e) to read as follows: |
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| 65 | 65 | | (a-1) On request of a member of the legislature, the state |
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| 66 | 66 | | auditor shall perform an audit described by Subsection (a). The |
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| 67 | 67 | | state auditor is not required to perform more than one audit per |
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| 68 | 68 | | year under this subsection. |
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| 69 | 69 | | (e) Not later than the 90th day after the date that an audit |
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| 70 | 70 | | under Subsection (a) or (a-1) is completed, the state auditor shall |
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| 71 | 71 | | submit a copy of the audit to the attorney general. The attorney |
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| 72 | 72 | | general shall promptly publish the audit on the publicly accessible |
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| 73 | 73 | | Internet website established under Article 59.16. |
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| 74 | 74 | | SECTION 4. Chapter 59, Code of Criminal Procedure, is |
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| 75 | 75 | | amended by adding Articles 59.15, 59.16, 59.17, and 59.18 to read as |
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| 76 | 76 | | follows: |
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| 77 | 77 | | Art. 59.15. CASE TRACKING SYSTEM. (a) The attorney general |
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| 78 | 78 | | shall establish and maintain a case tracking system to collect and |
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| 79 | 79 | | organize data regarding property seized or forfeited under this |
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| 80 | 80 | | chapter or under an agreement with the federal government. The case |
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| 81 | 81 | | tracking system must include the information described by |
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| 82 | 82 | | Subsection (b). |
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| 83 | 83 | | (b) When property is seized or forfeited under this chapter |
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| 84 | 84 | | or under an agreement with the federal government, the law |
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| 85 | 85 | | enforcement agency that seized the property or the attorney |
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| 86 | 86 | | representing the state in the forfeiture proceeding, as assigned by |
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| 87 | 87 | | the attorney general for reporting purposes under Subsection (d), |
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| 88 | 88 | | shall submit the following information to the attorney general, to |
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| 89 | 89 | | the extent the information is available or applicable: |
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| 90 | 90 | | (1) the name of the law enforcement agency that seized |
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| 91 | 91 | | the property, or the name of the law enforcement agency with primary |
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| 92 | 92 | | responsibility for seizing the property, if more than one agency |
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| 93 | 93 | | was involved in the seizure; |
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| 94 | 94 | | (2) the date of the seizure; |
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| 95 | 95 | | (3) a description of the property seized; |
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| 96 | 96 | | (4) the location of the seizure; |
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| 97 | 97 | | (5) if the seizure occurred on a highway, the |
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| 98 | 98 | | direction of the traffic flow; |
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| 99 | 99 | | (6) an estimated value of the property seized; |
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| 100 | 100 | | (7) the alleged offense that gave rise to the seizure; |
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| 101 | 101 | | (8) if charges were filed in relation to the seizure: |
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| 102 | 102 | | (A) the offense charged; |
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| 103 | 103 | | (B) the criminal case number; |
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| 104 | 104 | | (C) the court in which the charges were filed; |
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| 105 | 105 | | and |
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| 106 | 106 | | (D) the disposition of the charges; |
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| 107 | 107 | | (9) whether forfeiture is sought under federal law, |
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| 108 | 108 | | and if so: |
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| 109 | 109 | | (A) whether a joint task force consisting of |
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| 110 | 110 | | state or local law enforcement officers and federal law enforcement |
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| 111 | 111 | | officers collaborated on the seizure; and |
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| 112 | 112 | | (B) whether a federal law enforcement agency |
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| 113 | 113 | | asserted jurisdiction over a seizure made by a state or local law |
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| 114 | 114 | | enforcement agency without involvement in the seizure by the |
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| 115 | 115 | | federal law enforcement agency; |
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| 116 | 116 | | (10) the civil case number of the forfeiture |
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| 117 | 117 | | proceeding and the court in which the forfeiture proceeding was |
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| 118 | 118 | | filed; |
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| 119 | 119 | | (11) whether an owner or interest holder of the seized |
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| 120 | 120 | | property filed a claim or counterclaim in the forfeiture |
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| 121 | 121 | | proceeding, and if so, whether the owner or interest holder was the |
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| 122 | 122 | | person from whom the property was seized, an innocent owner, a |
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| 123 | 123 | | creditor, or another party; |
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| 124 | 124 | | (12) whether an owner or interest holder of the seized |
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| 125 | 125 | | property defaulted in the forfeiture proceeding; |
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| 126 | 126 | | (13) whether there was a settlement agreement in the |
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| 127 | 127 | | forfeiture proceeding; |
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| 128 | 128 | | (14) the date of the forfeiture order; |
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| 129 | 129 | | (15) whether the seized property: |
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| 130 | 130 | | (A) was fully or partially returned to the person |
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| 131 | 131 | | from whom the property was seized; |
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| 132 | 132 | | (B) was sold or donated; |
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| 133 | 133 | | (C) was destroyed; |
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| 134 | 134 | | (D) was retained by a law enforcement agency or |
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| 135 | 135 | | attorney representing the state; or |
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| 136 | 136 | | (E) is pending disposition; |
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| 137 | 137 | | (16) the date of final disposition of the seized |
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| 138 | 138 | | property; |
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| 139 | 139 | | (17) the amount of attorney's fees awarded to an owner |
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| 140 | 140 | | or interest holder of the seized property; |
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| 141 | 141 | | (18) an estimate of the total costs to: |
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| 142 | 142 | | (A) store the seized or forfeited property; |
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| 143 | 143 | | (B) pay for law enforcement officers' and |
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| 144 | 144 | | personnel salaries for work performed in relation to the forfeiture |
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| 145 | 145 | | proceeding; |
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| 146 | 146 | | (C) pay the attorney representing the state for |
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| 147 | 147 | | work performed in relation to the forfeiture proceeding; and |
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| 148 | 148 | | (D) sell or dispose of the forfeited property; |
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| 149 | 149 | | (19) if property was retained by a law enforcement |
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| 150 | 150 | | agency or attorney representing the state, the purpose for which |
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| 151 | 151 | | the property was used; |
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| 152 | 152 | | (20) the total market value of the forfeited property, |
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| 153 | 153 | | including currency, proceeds from the sale of property, and |
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| 154 | 154 | | distributions received from the federal government; and |
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| 155 | 155 | | (21) the total market value of the forfeited property |
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| 156 | 156 | | that was retained by the state, destroyed, sold, or donated. |
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| 157 | 157 | | (c) If the property seized or forfeited was alcohol or a |
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| 158 | 158 | | controlled substance or drug paraphernalia as defined by Section |
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| 159 | 159 | | 481.002, Health and Safety Code, a law enforcement agency or |
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| 160 | 160 | | attorney representing the state may not submit information required |
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| 161 | 161 | | by Subsections (b)(3), (20), and (21) to the case tracking system. |
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| 162 | 162 | | (d) The attorney general shall assign the responsibility |
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| 163 | 163 | | for submitting the information required under Subsection (b) to |
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| 164 | 164 | | appropriate state or local law enforcement agencies or attorneys |
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| 165 | 165 | | representing the state. |
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| 166 | 166 | | (e) If property was seized from a confidential informant, |
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| 167 | 167 | | the law enforcement agency or attorney representing the state may |
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| 168 | 168 | | delay submitting the information required under Subsection (b) for |
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| 169 | 169 | | any period in which the informant continues to cooperate with the |
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| 170 | 170 | | agency or attorney. |
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| 171 | 171 | | (f) If a law enforcement agency or an attorney representing |
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| 172 | 172 | | the state responsible for submitting information to the attorney |
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| 173 | 173 | | general under Subsection (b) has not seized any property during the |
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| 174 | 174 | | period specified by the attorney general, the agency or attorney |
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| 175 | 175 | | shall file a report stating that no property was seized. |
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| 176 | 176 | | (g) The attorney general shall adopt rules as necessary to |
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| 177 | 177 | | implement this section, including rules regarding how frequently |
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| 178 | 178 | | law enforcement agencies and attorneys representing the state must |
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| 179 | 179 | | submit information required by Subsection (b). |
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| 180 | 180 | | Art. 59.16. SEARCHABLE INTERNET DATABASE; REPORTS OF |
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| 181 | 181 | | EXPENDITURES. (a) The attorney general shall establish and make |
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| 182 | 182 | | available to the public an Internet website with a searchable |
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| 183 | 183 | | database that includes the following information, subject to |
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| 184 | 184 | | Subsection (b): |
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| 185 | 185 | | (1) the information submitted to the attorney general |
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| 186 | 186 | | for inclusion in the case tracking system under Article 59.15(b); |
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| 187 | 187 | | (2) the total amount of funds expended from the |
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| 188 | 188 | | proceeds of property seized or forfeited under this chapter or |
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| 189 | 189 | | under an agreement with the federal government in the following |
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| 190 | 190 | | categories: |
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| 191 | 191 | | (A) drug abuse, crime, and gang prevention or |
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| 192 | 192 | | other community programs; |
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| 193 | 193 | | (B) compensation, reparations, or other similar |
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| 194 | 194 | | types of funds paid to or in behalf of victims; |
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| 195 | 195 | | (C) investigation costs, including controlled |
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| 196 | 196 | | buys, forensics, informant fees, and witness protection; |
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| 197 | 197 | | (D) expenses related to the storage, |
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| 198 | 198 | | maintenance, repair, or return of seized property; |
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| 199 | 199 | | (E) expenses related to forfeiture proceedings |
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| 200 | 200 | | under this chapter, including court costs, attorney's fees, and |
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| 201 | 201 | | costs related to auditing, discovery, court reporters, printing, |
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| 202 | 202 | | postage, and witnesses; |
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| 203 | 203 | | (F) government personnel costs, including |
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| 204 | 204 | | salaries, overtime, and benefits; |
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| 205 | 205 | | (G) government travel and training, including |
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| 206 | 206 | | conferences, continuing education, entertainment, and meals; |
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| 207 | 207 | | (H) government administrative and operating |
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| 208 | 208 | | expenses, including office supplies, postage, printing, utilities, |
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| 209 | 209 | | and repairs and maintenance of vehicles or other equipment; and |
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| 210 | 210 | | (I) government capital expenditures, including |
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| 211 | 211 | | appliances, canines, computers, equipment, firearms, furniture, |
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| 212 | 212 | | and vehicles; |
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| 213 | 213 | | (3) an itemized list of any other expenditure of |
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| 214 | 214 | | proceeds that was received from a forfeiture under this chapter or |
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| 215 | 215 | | under an agreement with the federal government and that was |
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| 216 | 216 | | reported under Subsection (c), other than expenditures described by |
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| 217 | 217 | | Subdivision (2) and including payments to trade associations, |
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| 218 | 218 | | lobbyists, and other agencies; and |
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| 219 | 219 | | (4) the total value of seized and forfeited property |
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| 220 | 220 | | held by the law enforcement agency or attorney representing the |
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| 221 | 221 | | state at the end of the state fiscal year. |
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| 222 | 222 | | (b) The attorney general may not require a law enforcement |
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| 223 | 223 | | agency or attorney representing the state to disclose, and the |
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| 224 | 224 | | Internet website may not include: |
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| 225 | 225 | | (1) the name, address, contact information, or other |
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| 226 | 226 | | personally identifying information of: |
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| 227 | 227 | | (A) an owner or interest holder of the seized |
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| 228 | 228 | | property or other individual involved in the forfeiture proceeding; |
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| 229 | 229 | | or |
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| 230 | 230 | | (B) a business entity; or |
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| 231 | 231 | | (2) the address, vehicle identification number, or |
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| 232 | 232 | | serial number of any seized or forfeited property. |
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| 233 | 233 | | (c) A law enforcement agency or attorney representing the |
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| 234 | 234 | | state that expends funds from the proceeds of property seized or |
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| 235 | 235 | | forfeited under this chapter or under an agreement with the federal |
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| 236 | 236 | | government shall submit a report with the information required by |
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| 237 | 237 | | Subsections (a)(2) and (3) to the attorney general not later than |
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| 238 | 238 | | the 30th day after the end of the state fiscal year. The commander |
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| 239 | 239 | | of a multijurisdictional task force may appoint one law enforcement |
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| 240 | 240 | | agency to report the relevant expenditures. |
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| 241 | 241 | | (d) The attorney general may extend the 30-day period under |
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| 242 | 242 | | Subsection (c) for a period determined by the attorney general if |
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| 243 | 243 | | the attorney general finds good cause for the extension. |
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| 244 | 244 | | (e) A law enforcement agency or attorney representing the |
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| 245 | 245 | | state in violation of Subsection (c) is subject to a civil penalty |
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| 246 | 246 | | for each violation: |
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| 247 | 247 | | (1) in an amount equal to $500, or 25 percent of the |
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| 248 | 248 | | forfeiture proceeds received by the law enforcement agency or |
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| 249 | 249 | | attorney representing the state, whichever is greater; or |
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| 250 | 250 | | (2) in a reasonable amount determined by the office of |
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| 251 | 251 | | the attorney general. |
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| 252 | 252 | | (f) Sovereign immunity of this state and governmental |
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| 253 | 253 | | immunity of a political subdivision to suit and from liability is |
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| 254 | 254 | | waived to the extent of liability created by Subsection (e). |
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| 255 | 255 | | (g) The office of the attorney general shall deposit a civil |
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| 256 | 256 | | penalty collected under this article in the general revenue fund. |
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| 257 | 257 | | (h) The attorney general may adopt rules as necessary to |
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| 258 | 258 | | implement this article. |
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| 259 | 259 | | Art. 59.17. ATTORNEY GENERAL MAY CHARGE FEE. The attorney |
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| 260 | 260 | | general may charge a reasonable fee to a law enforcement agency or |
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| 261 | 261 | | attorney representing the state that submits information under |
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| 262 | 262 | | Article 59.15 or 59.16 to cover the costs associated with |
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| 263 | 263 | | maintaining the case tracking system and Internet website |
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| 264 | 264 | | established under Articles 59.15 and 59.16. |
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| 265 | 265 | | Art. 59.18. ATTORNEY GENERAL REPORT. (a) Not later than |
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| 266 | 266 | | the 120th day after the end of the state fiscal year, the attorney |
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| 267 | 267 | | general shall compile and submit to the governor, the lieutenant |
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| 268 | 268 | | governor, and the speaker of the house of representatives a report |
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| 269 | 269 | | summarizing activity related to property seized or forfeited under |
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| 270 | 270 | | this chapter. The report must include: |
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| 271 | 271 | | (1) the type, approximate value, and disposition of |
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| 272 | 272 | | property seized or forfeited under this chapter; and |
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| 273 | 273 | | (2) the total amount of funds received or expended |
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| 274 | 274 | | from the proceeds of property seized or forfeited under this |
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| 275 | 275 | | chapter. |
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| 276 | 276 | | (b) The information included in the report must be: |
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| 277 | 277 | | (1) disaggregated by agency; and |
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| 278 | 278 | | (2) for information required by Articles 59.16(a)(2) |
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| 279 | 279 | | and (3), organized by the categories described under those |
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| 280 | 280 | | subdivisions. |
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| 281 | 281 | | (c) The attorney general may include in the report required |
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| 282 | 282 | | by Subsection (a) legislative recommendations to ensure |
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| 283 | 283 | | expenditures related to the seizure or forfeiture of property under |
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| 284 | 284 | | this chapter are expended and reported in a manner that is fair to |
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| 285 | 285 | | victims, owners or interest holders of seized property, residents |
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| 286 | 286 | | of this state, law enforcement agencies and attorneys representing |
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| 287 | 287 | | the state, and taxpayers. |
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| 288 | 288 | | (d) The attorney general shall post a copy of the report |
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| 289 | 289 | | required by Subsection (a) on the publicly accessible Internet |
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| 290 | 290 | | website established under Article 59.16. |
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| 291 | 291 | | SECTION 5. Articles 59.06(l) and (s), Code of Criminal |
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| 292 | 292 | | Procedure, are repealed. |
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| 293 | 293 | | SECTION 6. The change in law made by this Act applies only |
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| 294 | 294 | | to a state fiscal year beginning on or after January 1, 2026. |
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| 295 | 295 | | SECTION 7. This Act takes effect September 1, 2025. |
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