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BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1780

80R2696 PEP-D                                                                                                           By: Whitmire

                                                                                                                                   Criminal Justice

                                                                                                                                            3/31/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law authorizes an attorney representing the state to use 10 percent of forfeiture monies to fund drug prevention programs.  This bill requires the district attorney in a county that operates a drug a court program to deposit 10 percent of criminal asset forfeiture funds to that program for maintenance and operating costs.

 

As proposed, S.B. 1780 establishes funding to expand and maintain drug courts within the state.  This creates an additional funding source to work in conjunction with grants from the governor's criminal justice division and any future court costs.

 

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 59.06, Code of Criminal Procedure, by adding Subsection (r), as follows:

 

(r) Requires the attorney representing the state to deposit 10 percent of the gross amount credited to the attorney's fund in the county treasury in any county that implements or operates a drug court program under Chapter 469 (Drug Court Programs), Health and Safety Code, as a specific exception to the requirement that the special funds described in Subsection (c) be used only for the official purposes of the attorney representing the state or for law enforcement purposes.  Requires the commissioners court to use the funds received under this subsection to implement or operate the drug court program in the county.

 

SECTION 2.  Effective date: September 1, 2007.