1-1     By:  Armbrister                                       S.B. No. 1486
 1-2           (In the Senate - Filed March 12, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Criminal Justice;
 1-4     April 12, 1999, reported favorably by the following vote:  Yeas 7,
 1-5     Nays 0; April 12, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to an audit of the proceeds of criminal asset forfeitures.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Subsection (g), Section 59.06, Code of Criminal
1-11     Procedure, is amended to read as follows:
1-12           (g)  All law enforcement agencies and attorneys representing
1-13     the state who receive proceeds or property under this chapter shall
1-14     account for the seizure, forfeiture, receipt, and specific
1-15     expenditure of all such proceeds and property in an audit, which is
1-16     to be performed annually by the commissioners court or governing
1-17     body of a municipality, as appropriate.  The annual period of the
1-18     audit for a law enforcement agency is the fiscal year of the
1-19     appropriate county or municipality and the annual period for an
1-20     attorney representing the state is the state fiscal year.  The
1-21     audit shall be completed on a form provided by the attorney general
1-22     [Criminal Justice Division of the Governor's Office].  Certified
1-23     copies of the audit shall be delivered by the law enforcement
1-24     agency or attorney representing the state to the attorney general
1-25     [Criminal Justice Division of the Governor's Office] not later than
1-26     the 30th day after the date on which the annual period that is the
1-27     subject of the audit ends.
1-28           SECTION 2.  Subsection (j), Section 59.06, Code of Criminal
1-29     Procedure, is amended to read as follows:
1-30           (j)  A law enforcement agency that, or an attorney
1-31     representing the state who, does not receive proceeds or property
1-32     under this chapter during an annual period as described by
1-33     Subsection (g) shall, not later than the 30th day after the date on
1-34     which the annual period ends, report to the attorney general
1-35     [Criminal Justice Division of the Governor's Office] that the
1-36     agency or attorney, as appropriate, did not receive proceeds or
1-37     property under this chapter during the annual period.
1-38           SECTION 3.  This Act takes effect September 1, 1999.
1-39           SECTION 4.  The importance of this legislation and the
1-40     crowded condition of the calendars in both houses create an
1-41     emergency and an imperative public necessity that the
1-42     constitutional rule requiring bills to be read on three several
1-43     days in each house be suspended, and this rule is hereby suspended.
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