Bill Text: TX SB663 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to disposition of proceeds and property from asset forfeiture proceedings under the Code of Criminal Procedure.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-15 - Referred to State Affairs [SB663 Detail]
Download: Texas-2017-SB663-Introduced.html
85R3492 MAW-D | ||
By: Huffines | S.B. No. 663 |
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relating to 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 59.05(e), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(e) It is the intention of the legislature that asset | ||
forfeiture is remedial in nature and not a form of punishment. If | ||
the court finds that all or any part of the property is subject to | ||
forfeiture, the judge shall forfeit the property to the state, with | ||
the attorney representing the state as the agent for the state, | ||
except that if the court finds that the nonforfeitable interest of | ||
an interest holder in the property is valued in an amount greater | ||
than or substantially equal to the present value of the property, | ||
the court shall order the property released to the interest holder. | ||
If the court finds that the nonforfeitable interest of an interest | ||
holder is valued in an amount substantially less than the present | ||
value of the property and that the property is subject to | ||
forfeiture, the court shall order the property forfeited to the | ||
state with the attorney representing the state acting as the agent | ||
of the state, and making necessary orders to protect the | ||
nonforfeitable interest of the interest holder. On final judgment | ||
of forfeiture, [ |
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Article 59.06 [ |
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SECTION 2. Articles 59.06(a), (c), (e), and (l), Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(a) Except as provided by Subsection (c) [ |
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representing the state shall transfer all forfeited property to the | ||
comptroller. The comptroller shall dispose of [ |
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the property at public auction [ |
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the date of the final judgment of forfeiture [ |
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comptroller shall distribute the proceeds of the sale [ |
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(1) to any interest holder to the extent of the | ||
interest holder's nonforfeitable interest; | ||
(2) after any distributions under Subdivision (1), if | ||
the Title IV-D agency has filed a child support lien in the | ||
forfeiture proceeding, to the Title IV-D agency in an amount not to | ||
exceed the amount of child support arrearages identified in the | ||
lien; and | ||
(3) the balance, if any, after the deduction of court | ||
costs to which a district court clerk is entitled under Article | ||
59.05(f) and, after that deduction, the deduction of storage and | ||
disposal costs, to be deposited not later than the 30th day after | ||
the date of the sale in the compensation to victims of crime fund | ||
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(c) All [ |
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securities, negotiable instruments, or stocks or bonds shall be | ||
transferred to the comptroller. The comptroller shall sell any | ||
item that is not money and shall deposit any money received under | ||
this article and the proceeds of any sale [ |
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the deduction of court costs to which a district court clerk is | ||
entitled under Article 59.05(f), in the compensation to victims of | ||
crime fund [ |
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(e) On the sale of contraband under this article, the | ||
comptroller [ |
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title to the recipient if a certificate of title is required for the | ||
property by other law. | ||
(l) A law enforcement agency that[ |
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chapter during an annual period described by Subsection (g), and an | ||
attorney representing the state who does not receive or transfer | ||
proceeds or property under this chapter during an annual period | ||
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after the date on which the annual period ends, report to the | ||
attorney general that the agency or attorney, as appropriate, did | ||
not seize property or receive or transfer proceeds or property | ||
under this chapter during the annual period. | ||
SECTION 3. Article 59.06(g)(1), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(1) All law enforcement agencies that seize [ |
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under this chapter shall account for the seizure in an audit. All | ||
attorneys representing the state who appear in forfeiture | ||
proceedings under this chapter shall account for the[ |
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receipt[ |
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this subsection must[ |
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commissioners court or governing body of a municipality, as | ||
appropriate. The annual period of the audit for a law enforcement | ||
agency is the fiscal year of the appropriate county or municipality | ||
and the annual period for an attorney representing the state is the | ||
state fiscal year. The audit must be completed on a form provided | ||
by the attorney general [ |
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the law enforcement agency or attorney representing the state to | ||
the attorney general not later than the 60th day after the date on | ||
which the annual period that is the subject of the audit ends. | ||
SECTION 4. Article 59.061(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) The state auditor may at any time perform an audit or | ||
conduct an investigation, in accordance with this article and | ||
Chapter 321, Government Code, related to the seizure, forfeiture, | ||
receipt, and transfer [ |
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property received under this chapter. | ||
SECTION 5. Article 59.08(b), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(b) If a final judgment is rendered concerning contraband, | ||
money that has been placed in an interest-bearing bank account | ||
under Subsection (a) of this article shall be distributed in the | ||
same manner as proceeds are distributed under Article 59.06 [ |
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SECTION 6. The following provisions are repealed: | ||
(1) Articles 59.06(b), (b-1), (b-2), (c-1), (c-2), | ||
(c-3), (c-4), (d), (d-1), (d-2), (d-3), (d-4), (h), (i), (j), (k), | ||
(m), (n), (o), (p), (q), and (r), 59.062(e), and 59.11, Code of | ||
Criminal Procedure; and | ||
(2) Section 24.377(c), Government Code. | ||
SECTION 7. Articles 59.06(a) and (c), Code of Criminal | ||
Procedure, as amended by this Act, apply to the disposition, on or | ||
after the effective date of this Act, of proceeds or property | ||
received by a law enforcement agency or attorney representing the | ||
state under Chapter 59, Code of Criminal Procedure, regardless of | ||
whether the receipt of the proceeds or property occurred before, | ||
on, or after the effective date of this Act. | ||
SECTION 8. Article 59.06(g), Code of Criminal Procedure, as | ||
amended by this Act, applies to an audit performed on or after the | ||
effective date of this Act in which all property is seized on or | ||
after the effective date of this Act. An audit in which any | ||
property was 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 9. This Act takes effect September 1, 2017. |