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Senate Bill 316 |
Senate Author: Whitmire et al. |
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Effective: 9-1-11 |
House Sponsor: Gallego |
Senate Bill 316 amends the Code of Criminal Procedure to revise certain procedures for the seizure of criminal contraband subject to forfeiture and for the disposition of proceeds and property from criminal asset forfeiture. Among other provisions, the bill establishes procedures for the disposition and allocation by the attorney representing the state of forfeited property seized in connection with a violation of the Texas Controlled Substances Act, expands the purposes for which the head of a local law enforcement agency and an attorney representing the state are prohibited from using proceeds or property received from contraband forfeiture, and authorizes those officials to use such proceeds or property to make a donation to certain entities. The bill establishes provisions relating to an audit and investigation by the state auditor regarding the seizure, forfeiture, receipt, and specific expenditure of proceeds and property received from contraband forfeiture and to the enforcement of such an audit and investigation and provides for the assessment of a civil penalty not to exceed $100,000 for a violation relating to the disposition of such proceeds or property.
Senate Bill 316 amends provisions of the Government Code relating to the authority of the district attorney for the 198th Judicial District to use proceeds from the sale of forfeited property for purposes of the district attorney's office.