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A BILL TO BE ENTITLED
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AN ACT
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relating to the seizure of contraband by law enforcement agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 59.03, Code of Criminal Procedure, is |
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amended by adding Subsections (e), (f), and (g) to read as follows: |
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(e) Regardless of whether that property can be considered |
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contraband under another law, a law enforcement agency that seizes |
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or participates in the seizure of property identified as or alleged |
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to be contraband: |
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(1) shall follow the forfeiture procedures required |
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under this chapter; or |
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(2) must obtain the written consent of the attorney |
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representing the state before the agency makes the property |
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available for a forfeiture proceeding provided for by a law other |
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than this chapter. |
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(f) A law enforcement agency that violates Subsection (e) |
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forfeits the agency's claim to any proceeds resulting from the |
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disposition of the forfeited property. Any proceeds shall be |
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distributed to entities otherwise entitled to those proceeds under |
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Article 59.06. |
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(g) The attorney representing the state shall enforce |
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Subsection (f) by filing any necessary legal proceedings in the |
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county in which the property was seized. |
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SECTION 2. The change in law made by this Act in amending |
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Article 59.03, Code of Criminal Procedure, applies only to property |
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seized on or after the effective date of this Act. Property seized |
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before the effective date of this Act is covered by the law in |
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effect when the property was seized, and the former law is continued |
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in effect for that purpose. For purposes of this section, property |
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was seized before the effective date of this Act if any portion of |
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the property was seized before that date. |
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SECTION 3. This Act takes effect September 1, 2011. |