SRC-CDH H.B. 2257 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2257
By: Luna (Brown)
Criminal Justice
5-13-97
Engrossed


DIGEST 

Currently, all law enforcement entities which receive proceeds under
Chapter 59 of the Code of Criminal Procedure are required to submit an
accounting of forfeited property to the Governor's Office each year.
According to the Texas Commission on Law Enforcement Officer Standards and
Education, there are 2,689 law enforcement agencies and attorneys
representing the state.  In 1993 and 1994, 352 agencies reported a total
of $33.7 million in forfeited assets.  The 1995 accounting from the
Governor's Office contained reports from 160 of these law enforcement
agencies, and reported $2.6 million in seized assets.  This topic was the
subject of interim studies during the 73rd and 74th sessions, and
criticism included the difficulty in accurately estimating the total value
of forfeited property under the present system, the need for a consistent
auditing schedule, the absence of penalties for non-compliance, and the
need for a report profiling who is reporting and who is not reporting.
H.B. 2257 would establish a particular reporting period and due date for
an annual audit. Specific provisions would require the annual audit to
account for both seizures and forfeitures, as well as the specific
expenditures made from the proceeds of seizures and forfeitures.  In
addition, this bill requires law enforcement agencies and attorneys
representing the state to report noncompliance during the annual period,
and allows them to use proceeds to contract with and pay an appropriate
entity to prepare the annual audit.    

PURPOSE

As proposed, H.B. 2257 establishes provisions regarding the audit required
for forfeited property and proceeds received by a law enforcement agency
or an attorney representing the state. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 59.06, Code of Criminal Procedure, by amending
Subsection (g), and adding Subsections (j) and (k), to require all law
enforcement agencies and attorneys representing the state who receive
proceeds or property to account for the seizure, forfeiture, receipt, and
specific expenditure of all such proceeds and property in an audit.
Deletes existing text regarding the accounting of disbursement of such
proceeds and property.  Provides that 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.  Requires certified copies of the audit to be
delivered to the Criminal Justice Division of the Governor's Office
(division) not later than the 30th day after the date on which the annual
period that is the subject of the audit ends, rather than 30 days after
the audit is completed.  Sets forth the terms by which a law enforcement
agency that, or an attorney representing the state who, does not receive
proceeds or property during an annual period, is required to report to the
division not later than a certain date. Provides an exception to
Subdivisions (1)-(3) of Subsection (c).  

SECTION 2. Requires a commissioners court or the governing body of a
municipality to perform the first audit not later than a certain date, and
requires a law enforcement agency or an attorney representing the state to
make the first report not later than a certain date. 

SECTION 3. Effective date:  September 1, 1997.
 
SECTION 4. Emergency clause.