Bill Text: TX SB665 | 2023-2024 | 88th Legislature | Introduced

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

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2023-02-17 - Referred to Criminal Justice [SB665 Detail]

Download: Texas-2023-SB665-Introduced.html

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88R385 MCF-D
By: Johnson, Parker S.B. No. 665

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).
Art. 59.16. SEARCHABLE INTERNET DATABASE; REPORTS OF
EXPENDITURES. (a) The attorney general shall establish and make
available to the public an Internet website with a searchable
database that includes the following information, subject to
Subsection (b):
(1) the information submitted to the attorney general
for inclusion in the case tracking system under Article 59.15(b);
(2) the total amount of funds expended from the
proceeds of property seized or forfeited under this chapter or
under an agreement with the federal government in the following
categories:
(A) drug abuse, crime, and gang prevention or
other community programs;
(B) compensation, reparations, or other similar
types of funds paid to or in behalf of victims;
(C) investigation costs, including controlled
buys, forensics, informant fees, and witness protection;
(D) expenses related to the storage,
maintenance, repair, or return of seized property;
(E) expenses related to forfeiture proceedings
under this chapter, including court costs, attorney's fees, and
costs related to auditing, discovery, court reporters, printing,
postage, and witnesses;
(F) government personnel costs, including
salaries, overtime, and benefits;
(G) government travel and training, including
conferences, continuing education, entertainment, and meals;
(H) government administrative and operating
expenses, including office supplies, postage, printing, utilities,
and repairs and maintenance of vehicles or other equipment; and
(I) government capital expenditures, including
appliances, canines, computers, equipment, firearms, furniture,
and vehicles;
(3) an itemized list of any other expenditure of
proceeds that was received from a forfeiture under this chapter or
under an agreement with the federal government and that was
reported under Subsection (c), other than expenditures described by
Subdivision (2) and including payments to trade associations,
lobbyists, and other agencies; and
(4) the total value of seized and forfeited property
held by the law enforcement agency or attorney representing the
state at the end of the state fiscal year.
(b) The attorney general may not require a law enforcement
agency or attorney representing the state to disclose, and the
Internet website may not include:
(1) the name, address, contact information, or other
personally identifying information of an owner or interest holder
of the seized property, business entity, or other individual
involved in the forfeiture proceeding; or
(2) the address, vehicle identification number, or
serial number of any seized or forfeited property.
(c) A law enforcement agency or attorney representing the
state that expends funds from the proceeds of property seized or
forfeited under this chapter or under an agreement with the federal
government shall submit a report with the information required by
Subsections (a)(2) and (3) to the attorney general not later than
the 30th day after the end of the state fiscal year. The commander
of a multijurisdictional task force may appoint one law enforcement
agency to report the relevant expenditures.
(d) The attorney general may extend the 30-day period under
Subsection (c) for a period determined by the attorney general if
the attorney general finds good cause for the extension.
(e) A law enforcement agency or attorney representing the
state in violation of Subsection (c) is subject to a civil penalty
for each violation:
(1) in an amount equal to $500, or 25 percent of the
forfeiture proceeds received by the law enforcement agency or
attorney representing the state, whichever is greater; or
(2) in a reasonable amount determined by the office of
the attorney general.
(f) Sovereign immunity of this state and governmental
immunity of a political subdivision to suit and from liability is
waived to the extent of liability created by Subsection (e).
(g) The office of the attorney general shall deposit a civil
penalty collected under this article in the general revenue fund.
(h) The attorney general may adopt rules as necessary to
implement this article.
Art. 59.17. ATTORNEY GENERAL MAY CHARGE FEE. The attorney
general may charge a reasonable fee to a law enforcement agency or
attorney representing the state that submits information under
Article 59.15 or 59.16 to cover the costs associated with
maintaining the case tracking system and Internet website
established under Articles 59.15 and 59.16.
Art. 59.18. ATTORNEY GENERAL REPORT. (a) Not later than
the 120th day after the end of the state fiscal year, the attorney
general shall compile and submit to the governor, the lieutenant
governor, and the speaker of the house of representatives a report
summarizing activity related to property seized or forfeited under
this chapter. The report must include:
(1) the type, approximate value, and disposition of
property seized or forfeited under this chapter; and
(2) the total amount of funds received or expended
from the proceeds of property seized or forfeited under this
chapter.
(b) The information included in the report must be:
(1) disaggregated by agency; and
(2) for information required by Articles 59.16(a)(2)
and (3), organized by the categories described under those
subdivisions.
(c) The attorney general may include in the report required
by Subsection (a) legislative recommendations to ensure
expenditures related to the seizure or forfeiture of property under
this chapter are expended and reported in a manner that is fair to
victims, owners or interest holders of seized property, residents
of this state, law enforcement agencies and attorneys representing
the state, and taxpayers.
(d) The attorney general shall post a copy of the report
required by Subsection (a) on the publicly accessible Internet
website established under Article 59.16.
Art. 59.19. PUBLIC DISCLOSURE. All information and reports
submitted to the attorney general or published by the attorney
general under Articles 59.15, 59.16, and 59.18, other than Article
59.16(b), are public information subject to disclosure under
Chapter 552, Government Code.
SECTION 4. Articles 59.06(l) and (s), Code of Criminal
Procedure, are repealed.
SECTION 5. The change in law made by this Act applies only
to a state fiscal year beginning on or after January 1, 2024.
SECTION 6. This Act takes effect September 1, 2023.