Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB3659 by Hefner (Relating to civil asset forfeiture proceedings, to the seizure and forfeiture of certain property, and to the reporting and disposition of proceeds and property from civil asset forfeiture.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill amends the Code of Criminal Procedure relating to civil asset forfeiture proceedings, to the seizure and forfeiture of certain property, and to the reporting and disposition of proceeds and property from civil asset forfeiture. The bill establishes a threshold value of $5,000, under which no forfeiture of property may occur. The bill also raises the burden of proof in asset forfeiture cases to include clear and convincing evidence. The bill establishes a new reporting requirement that requires all law enforcement agencies in the seizure forfeiture, receipt, or expenditure of proceeds property to submit a monthly report to the Office of the Attorney General (OAG). The OAG is required to publish on the office's internet website a monthly report that includes each agency's specific information submitted to the agency.
It is assumed that any costs associated with the bill could be absorbed using existing resources.
Local Government Impact
It is anticipated that the impact on local government (law enforcement agencies and attorneys representing the state) will be significant due to the voluminous nature of information required of these offices for all forfeiture cash handled. However, the extent of this impact is unknown.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 405 Department of Public Safety, 458 Alcoholic Beverage Commission, 696 Department of Criminal Justice, 802 Parks and Wildlife Department