HB916 - Relating to the tracking, reporting, and disposition of proceeds and property from asset forfeiture proceedings under the Code of Criminal Procedure.

      By: Harrison H.B. No. 916       A BILL TO BE ENTITLED   AN ACT   relating to the tracking, reporting, and disposition of proceeds   and property from asset forfeiture proceedings under the Code of   Criminal Procedure.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 59.06, Code of Criminal Procedure, is   amended by amending Subsections (c-1) and (m) and adding   Subsections (v), (w), and (x) to read as follows:          (c-1)  Notwithstanding Subsection (a), the attorney   representing the state and special rangers of the Texas and   Southwestern Cattle Raisers Association who meet the requirements   of Article 2.125 may enter into a local agreement that allows the   attorney representing the state to transfer proceeds from the sale   of forfeited property described by Subsection (c), after the   deduction of court costs as described by that subsection, to a   special fund established for the special rangers. Proceeds   transferred under this subsection must be used by the special   rangers solely for law enforcement purposes. Any expenditures of   the proceeds are subject to the audit provisions established under   this chapter [ article ].          (m)  As a specific exception to Subdivisions (1)-(3) of   Subsection (c), a law enforcement agency or attorney representing   the state may use proceeds received under this chapter to contract   with a person or entity to prepare an audit required by this chapter   [ as required by Subsection (g) ].           (v)     As a specific exception to Subsection (c) that the funds   described by that subsection be used only for the official purposes   of the attorney representing the state or for law enforcement   purposes, the attorney representing the state or the head of a law   enforcement agency, as applicable, may use any portion of the gross   amount credited to the attorney's or agency's special fund under   Subsection (c) to pay:                 (1)     the fee charged by the attorney general under   Article 59.17; or                 (2)     any costs incurred by the attorney representing   the state or the law enforcement agency to compile information or   submit reports to the attorney general as required by Articles   59.15 and 59.16.           (w)     Notwithstanding any other provision of this article, if   a law enforcement agency does not comply with Article 59.16(c), the   attorney representing the state may not disburse funds received   under this chapter to the agency, and the agency may not expend any   proceeds or use any property awarded under this article, until the   agency submits the report required by that subsection.           (x)     Notwithstanding any other provision of this article, if   the attorney representing the state does not comply with Article   59.16(c), the attorney may not expend any proceeds or use any   property received under this chapter and awarded under this article   until after the attorney submits the report required by that   subsection.          SECTION 2.  Article 59.061, Code of Criminal Procedure, is   amended by adding Subsections (a-1) and (e) to read as follows:           (a-1)     On request of a member of the legislature, the state   auditor shall perform an audit described by Subsection (a).   The   state auditor is not required to perform more than one audit per   year under this subsection.           (e)     Not later than the 90th day after the date that an audit   under Subsection (a) or (a-1) is completed, the state auditor shall   submit a copy of the audit to the attorney general.   The attorney   general shall promptly publish the audit on the publicly accessible   Internet website established under Article 59.16.          SECTION 3.  Chapter 59, Code of Criminal Procedure, is   amended by adding Articles 59.15, 59.16, 59.17, 59.18, and 59.19 to   read as follows:           Art.   59.15.     CASE TRACKING SYSTEM.   (a)   The attorney general   shall establish and maintain a case tracking system to collect and   organize data regarding property seized or forfeited under this   chapter or under an agreement with the federal government.   The case   tracking system must include the information described by   Subsection (b).           (b)     When property is seized or forfeited under this chapter   or under an agreement with the federal government, the law   enforcement agency that seized the property or the attorney   representing the state in the forfeiture proceeding, as assigned by   the attorney general for reporting purposes under Subsection (d),   shall submit the following information to the attorney general, to   the extent the information is available or applicable:                 (1)     the name of the law enforcement agency that seized   the property, or the name of the law enforcement agency with primary   responsibility for seizing the property, if more than one agency   was involved in the seizure;                 (2)  the date of the seizure;                 (3)  a description of the property seized;                 (4)  the location of the seizure;                 (5)     if the seizure occurred on a highway, the   direction of the traffic flow;                 (6)  an estimated value of the property seized;                 (7)  the alleged offense that gave rise to the seizure;                 (8)  if charges were filed in relation to the seizure:                       (A)  the offense charged;                       (B)  the criminal case number;                       (C)     the court in which the charges were filed;   and                       (D)  the disposition of the charges;                 (9)     whether forfeiture is sought under federal law,   and if so:                       (A)     whether a joint task force consisting of   state or local law enforcement officers and federal law enforcement   officers collaborated on the seizure; and                       (B)     whether a federal law enforcement agency   asserted jurisdiction over a seizure made by a state or local law   enforcement agency without involvement in the seizure by the   federal law enforcement agency;                 (10)     the civil case number of the forfeiture   proceeding and the court in which the forfeiture proceeding was   filed;                 (11)     whether an owner or interest holder of the seized   property filed a claim or counterclaim in the forfeiture   proceeding, and if so, whether the owner or interest holder was the   person from whom the property was seized, an innocent owner, a   creditor, or another party;                 (12)     whether an owner or interest holder of the seized   property defaulted in the forfeiture proceeding;                 (13)     whether there was a settlement agreement in the   forfeiture proceeding;                 (14)  the date of the forfeiture order;                 (15)  whether the seized property:                       (A)     was fully or partially returned to the person   from whom the property was seized;                       (B)  was sold or donated;                       (C)  was destroyed;                       (D)     was retained by a law enforcement agency or   attorney representing the state; or                       (E)  is pending disposition;                 (16)     the date of final disposition of the seized   property;                 (17)     the amount of attorney's fees awarded to an owner   or interest holder of the seized property;                 (18)  an estimate of the total costs to:                       (A)  store the seized or forfeited property;                       (B)     pay for law enforcement officers' and   personnel salaries for work performed in relation to the forfeiture   proceeding;                       (C)     pay the attorney representing the state for   work performed in relation to the forfeiture proceeding; and                       (D)  sell or dispose of the forfeited property;                 (19)     if property was retained by a law enforcement   agency or attorney representing the state, the purpose for which   the property was used;                 (20)     the total market value of the forfeited property,   including currency, proceeds from the sale of property, and   distributions received from the federal government; and                 (21)     the total market value of the forfeited property   that was retained by the state, destroyed, sold, or donated.           (c)     If the property seized or forfeited was alcohol or a   controlled substance or drug paraphernalia as defined by Section   481.002, Health and Safety Code, a law enforcement agency or   attorney representing the state may not submit information required   by Subsections (b)(3), (20), and (21) to the case tracking system.           (d)     The attorney general shall assign the responsibility   for submitting the information required under Subsection (b) to   appropriate state or local law enforcement agencies or attorneys   representing the state.           (e)     If property was seized from a confidential informant,   the law enforcement agency or attorney representing the state may   delay submitting the information required under Subsection (b) for   any period in which the informant continues to cooperate with the   agency or attorney.           (f)     If a law enforcement agency or an attorney representing   the state responsible for submitting information to the attorney   general under Subsection (b) has not seized any property during the   period specified by the attorney general, the agency or attorney   shall file a report stating that no property was seized.           (g)     The attorney general shall adopt rules as necessary to   implement this section, including rules regarding how frequently   law enforcement agencies and attorneys representing the state must   submit information required by Subsection (b).       [Text truncated for display. 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