Bill Text: TX HB2623 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to forfeiture actions by the federal government and to the transfer of seized property between certain state and federal entities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-16 - Referred to Criminal Jurisprudence [HB2623 Detail]
Download: Texas-2015-HB2623-Introduced.html
| 84R11783 LEH-F | ||
| By: Zedler | H.B. No. 2623 | |
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| relating to forfeiture actions by the federal government and to the | ||
| transfer of seized property between certain state and federal | ||
| entities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 59, Code of Criminal Procedure, is | ||
| amended by adding Articles 59.15 and 59.16 to read as follows: | ||
| Art. 59.15. TRANSFER OF FORFEITABLE PROPERTY TO FEDERAL | ||
| GOVERNMENT. A law enforcement agency or attorney representing the | ||
| state may not directly or indirectly transfer seized property to | ||
| any federal law enforcement authority or other federal agency and | ||
| may not coordinate with the authority or agency regarding seized | ||
| property unless: | ||
| (1) the value of the seized property exceeds $50,000, | ||
| excluding the value of any controlled substance; and | ||
| (2) the attorney representing the state determines | ||
| that: | ||
| (A) the activity giving rise to the applicable | ||
| investigation or seizure is interstate in nature and sufficiently | ||
| complex to justify the transfer; or | ||
| (B) the seized property may only be forfeited | ||
| under federal law. | ||
| Art. 59.16. COOPERATION IN FEDERAL FORFEITURE ACTION. A | ||
| law enforcement agency or the Texas National Guard, when operating | ||
| in a nonmilitary role, may not participate, assist, or cooperate in | ||
| a forfeiture action brought by the federal government unless the | ||
| value of the seized property subject to forfeiture exceeds $50,000, | ||
| excluding the value of any controlled substance. | ||
| SECTION 2. The changes in law made by this Act apply only to | ||
| property seized on or after the effective date of this Act. | ||
| Property seized before the effective date of this Act is governed by | ||
| the law in effect on the date the property was seized, and the | ||
| former law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2015. | ||
