77R11763 GWK-F
By Hinojosa H.B. No. 2696
Substitute the following for H.B. No. 2696:
By Hinojosa C.S.H.B. No. 2696
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.