By Hinojosa H.B. No. 2696 77R11763 GWK-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the duties of peace officers, law enforcement agencies, 1-3 and attorneys representing the state in asset forfeiture 1-4 proceedings. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Article 59.03, Code of Criminal Procedure, is 1-7 amended by adding Subsection (d) to read as follows: 1-8 (d) A person in the possession of property at the time a 1-9 peace officer seizes the property under this chapter may at the 1-10 time of seizure assert the person's interest in or right to the 1-11 property. A peace officer who seizes property under this chapter 1-12 may not at the time of seizure request, require, or in any manner 1-13 induce any person, including a person who asserts an interest in or 1-14 right to the property seized, to execute a document purporting to 1-15 waive the person's interest in or rights to the property. 1-16 SECTION 2. Article 59.06(g), Code of Criminal Procedure, is 1-17 amended to read as follows: 1-18 (g)(1) All law enforcement agencies and attorneys 1-19 representing the state who receive proceeds or property under this 1-20 chapter shall account for the seizure, forfeiture, receipt, and 1-21 specific expenditure of all such proceeds and property in an audit, 1-22 which is to be performed annually by the commissioners court or 1-23 governing body of a municipality, as appropriate. The annual 1-24 period of the audit for a law enforcement agency is the fiscal year 2-1 of the appropriate county or municipality and the annual period for 2-2 an attorney representing the state is the state fiscal year. The 2-3 audit shall be completed on a form provided by the attorney 2-4 general. Certified copies of the audit shall be delivered by the 2-5 law enforcement agency or attorney representing the state to the 2-6 comptroller's office and the attorney general not later than the 2-7 30th day after the date on which the annual period that is the 2-8 subject of the audit ends. 2-9 (2) If a copy of the audit is not delivered to the 2-10 attorney general within the period required by Subdivision (1), 2-11 within five days after the end of the period the attorney general 2-12 shall notify the law enforcement agency or the attorney 2-13 representing the state of that fact. On a showing of good cause, 2-14 the attorney general may grant an extension permitting the agency 2-15 or attorney to deliver a copy of the audit after the period 2-16 required by Subdivision (1) and before the 46th day after the date 2-17 on which the annual period that is the subject of the audit ends. 2-18 If the law enforcement agency or the attorney representing the 2-19 state fails to establish good cause for not delivering the copy of 2-20 the audit within the period required by Subdivision (1) or fails to 2-21 deliver a copy of an audit within the extension period, the 2-22 attorney general shall notify the comptroller of public accounts of 2-23 that fact. On notice under this subdivision, the comptroller shall 2-24 perform the audit otherwise required by Subdivision (1). At the 2-25 conclusion of the audit, the comptroller shall forward a copy of 2-26 the audit to the attorney general. The law enforcement agency or 2-27 attorney representing the state is liable to the comptroller for 3-1 the costs of the comptroller in performing the audit. 3-2 SECTION 3. Section 96.641, Education Code, is amended by 3-3 adding Subsection (j) to read as follows: 3-4 (j) As part of the initial training and continuing education 3-5 for police chiefs required under this section, the institute shall 3-6 establish a program on asset forfeiture under Chapter 59, Code of 3-7 Criminal Procedure. The program must include an examination of the 3-8 best practices for educating peace officers about asset forfeiture 3-9 and monitoring peace officers' compliance with laws relating to 3-10 asset forfeiture. 3-11 SECTION 4. Section 1701.253, Occupations Code, is amended by 3-12 adding Subsection (e) to read as follows: 3-13 (e) As part of the minimum curriculum requirements, the 3-14 commission shall establish a statewide comprehensive education and 3-15 training program on asset forfeiture under Chapter 59, Code of 3-16 Criminal Procedure, for officers licensed under this chapter. An 3-17 officer shall complete a program established under this subsection 3-18 not later than the second anniversary of the date the officer is 3-19 licensed under this chapter or the date the officer applies for an 3-20 intermediate proficiency certificate, whichever date is earlier. 3-21 SECTION 5. Section 1701.402, Occupations Code, is amended by 3-22 adding Subsection (d) to read as follows: 3-23 (d) As a requirement for an intermediate proficiency 3-24 certificate, an officer must complete an education and training 3-25 program on asset forfeiture established by the commission under 3-26 Section 1701.253(e). 3-27 SECTION 6. The change in law made by this Act to Article 4-1 59.03, Code of Criminal Procedure, applies only to a seizure of 4-2 property that occurs on or after the effective date of this Act. 4-3 For a seizure that occurs before the effective date of this Act, 4-4 the law in effect when the seizure occurred covers the proceeding, 4-5 and the former law is continued in effect for that purpose. 4-6 SECTION 7. Article 59.06(g), Code of Criminal Procedure, as 4-7 amended by this Act, applies to the first audit required to be 4-8 performed by a commissioners court or governing body on or after 4-9 the effective date of this Act. 4-10 SECTION 8. Not later than January 1, 2002: 4-11 (1) the Commission on Law Enforcement Officer 4-12 Standards and Education shall establish an education and training 4-13 program on asset forfeiture as required by Section 1701.253(e), 4-14 Occupations Code, as added by this Act; and 4-15 (2) the Bill Blackwood Law Enforcement Management 4-16 Institute of Texas shall establish a program on asset forfeiture as 4-17 required by Section 96.641(j), Education Code, as added by this 4-18 Act. 4-19 SECTION 9. A person who on the effective date of this Act 4-20 holds an intermediate proficiency certificate issued by the 4-21 Commission on Law Enforcement Officer Standards and Education or 4-22 has held a peace officer license issued by the Commission on Law 4-23 Enforcement Officer Standards and Education for at least two years 4-24 shall complete an education and training program on asset 4-25 forfeiture established under Section 1701.253(e), Occupations Code, 4-26 as added by this Act, not later than September 1, 2002. 4-27 SECTION 10. An individual appointed or elected as a police 5-1 chief before the effective date of this Act shall complete a 5-2 program on asset forfeiture established under Section 96.641(j), 5-3 Education Code, as added by this Act, not later than September 1, 5-4 2002. 5-5 SECTION 11. This Act takes effect September 1, 2001.