SRC-BWC H.B. 2696 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2696
77R11763 GWK-FBy: Hinojosa (Duncan)
Criminal Justice
5/9/2001
Engrossed


DIGEST AND PURPOSE 

Recently, several states, including Texas, have been examining the use of
criminal asset forfeiture as a tool to further discourage and impede
criminal activities.  Problems found with the existing forfeiture system
include the lack of adequate enforcement of auditing requirements, the
availability of more lenient federal forfeiture remedies, and reports of
seizures of cash without proper cause.  H.B. 2696 modifies current asset
forfeiture provisions and procedures and requires the establishment of
educational and training programs on asset forfeiture for police chiefs and
certain peace officers.  

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 59.03, Code of Criminal Procedure, by adding
Subsection (d) to authorize a person in the possession of property at the
time a peace officer seizes the property under this chapter to at the time
of seizure assert the person's interest in or right to the property.
Prohibits a peace officer who seizes property under this chapter from at
the time of seizure requesting, requiring, in any manner inducing any
person, including a person who asserts an interest in or right to the
property seized, to execute a document purporting to waive the person's
interest in or rights to the property 

SECTION 2.  Amends Article 59.06(g), Code of Criminal Procedure, to require
the attorney general, within five days after the end of the period, to
notify the law enforcement agency or the attorney representing the state of
the fact, if a copy of the audit is not delivered to the attorney general
within the period required by this section.  Authorizes the attorney
general, on a showing of good cause, to grant an extension permitting the
agency or attorney to deliver a copy of the audit after the period required
by this section and before the 46th day after the date on which the annual
period that is the subject of the audit ends.  Requires the attorney
general, if the law enforcement agency or the attorney representing the
state fails to establish good cause for not delivering the copy of the
audit within the period required by this section or fails to deliver a copy
of an audit within the extension period, to notify the comptroller of
public accounts of that fact.  Requires the comptroller to perform the
audit otherwise required by this section, on notice under this section.
Requires the comptroller, at the conclusion of the audit, to forward a copy
of the audit to the attorney general.  Provides that the law enforcement
agency or attorney representing the state is liable to the comptroller for
the costs of the comptroller in performing the audit. 

SECTION 3.  Amends Section 96.641, Education Code, by adding Subsection (j)
to require the Bill Blackwood Law Enforcement Management Institute of
Texas,  as part of the initial training and continuing education for police
chiefs required under this section, to establish a program on asset
forfeiture under Chapter 59, Code of Criminal Procedure.  Requires the
program to include an examination of the best practices for educating peace
officers about asset forfeiture and monitoring peace officers' compliance
with laws relating to asset forfeiture. 

 SECTION 4.  Amends Section 1701.253, Occupations Code, by adding
Subsection (e) to require the Commission on Law Enforcement Officer
Standards and Education (commission), as part of the minimum curriculum
requirements, to establish a statewide comprehensive education and training
program on asset forfeiture under Chapter 59, Code of Criminal Procedure,
for officers licensed under this chapter.  Requires an officer to complete
a program established under this section not later than the second
anniversary of the date the officer is licensed under this chapter or the
date the officer applies for an intermediate proficiency certificate,
whichever date is earlier. 

SECTION 5.  Amends Section 1701.402, Occupations Code, by adding Subsection
(d) to require an officer, as a requirement for an intermediate proficiency
certificate, to complete an education and training program on asset
forfeiture established by the commission under Section 1701.253(e).   

SECTION 6.  Makes application of this Act prospective.

SECTION 7.  Provides that Article 59.06(g), Code of Criminal Procedure, as
amended by this Act, applies to the first audit required to be performed by
a commissioners court or governing body on or after the effective date of
this Act. 

SECTION 8.  Requires the Commission on Law Enforcement Officer Standards
and Education to establish an education and training program on asset
forfeiture as required by Section 1701.253(e), Occupations Code, as added
by this Act, not later than January 1, 2002.  Requires the Bill Blackwood
Law Enforcement Management Institute of Texas to establish a program on
asset forfeiture as required by Section 96.941(j), Education Code, as added
by this Act, not later than January 1, 2002. 

SECTION 9.  Requires a person who on the effective date of this Act holds
an intermediate proficiency certificate issued by the Commission on Law
Enforcement Officer Standards and Education or has held a peace officer
license issued by the Commission on Law Enforcement Officer Standards and
Education for at least two years to complete an education and training
program on asset forfeiture established under Section 1701.253(e),
Occupations Code, as added by this Act, not later than September 1, 2002. 

SECTION 10.  Requires an individual appointed or elected as a police chief
before the effective date of this Act to complete a program on asset
forfeiture established under Section 96.641(j), Education Code, as added by
this Act, not later than September 1, 2002. 

SECTION 11.  Effective date: September 1, 2001.