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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of proceeds and property forfeited under |
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criminal asset forfeiture proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 59.06, Code of Criminal Procedure, is |
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amended by amending Subsection (g) and adding Subsection (g-1) to |
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read as follows: |
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(g)(1) All law enforcement agencies and attorneys |
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representing the state who receive proceeds or property under this |
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chapter shall account for the seizure, forfeiture, receipt, and |
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specific expenditure of all the proceeds and property in an audit, |
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which is to be performed annually by the commissioners court or |
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governing body of a municipality, as appropriate. The annual |
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period of the audit for a law enforcement agency is the fiscal year |
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of the appropriate county or municipality and the annual period for |
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an attorney representing the state is the state fiscal year. The |
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audit must be completed on a form provided by the attorney general |
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and must include: |
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(A) a detailed report and explanation of all |
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expenditures, including salaries and overtime pay, officer |
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training, investigative equipment and supplies, and other items; |
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and |
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(B) for each seizure of proceeds or property |
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under this chapter, an indication of: |
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(i) the specific criminal offense on which |
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each seizure was based; and |
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(ii) if charges were brought in connection |
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with the offense, the disposition of those charges. |
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(2) Certified copies of the audit shall be delivered |
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by the law enforcement agency or attorney representing the state to |
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the attorney general not later than the 60th day after the date on |
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which the annual period that is the subject of the audit ends. |
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(3) [(2)] If a copy of the audit is not delivered to |
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the attorney general within the period required by Subdivision (2) |
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[(1)], within five days after the end of the period the attorney |
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general shall notify the law enforcement agency or the attorney |
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representing the state of that fact. On a showing of good cause, |
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the attorney general may grant an extension permitting the agency |
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or attorney to deliver a copy of the audit after the period required |
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by Subdivision (2) [(1)] and before the 76th day after the date on |
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which the annual period that is the subject of the audit ends. If |
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the law enforcement agency or the attorney representing the state |
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fails to establish good cause for not delivering the copy of the |
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audit within the period required by Subdivision (2) [(1)] or fails |
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to deliver a copy of an audit within the extension period, the |
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attorney general shall notify the comptroller of that fact. |
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(4) [(3)] On notice under Subdivision (3) [(2)], the |
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comptroller shall perform the audit otherwise required by |
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Subdivision (1). At the conclusion of the audit, the comptroller |
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shall forward a copy of the audit to the attorney general. The law |
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enforcement agency or attorney representing the state is liable to |
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the comptroller for the costs of the comptroller in performing the |
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audit. |
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(g-1) Not later than February 1 of each year, the attorney |
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general shall publish a report summarizing the results of the |
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audits received during the preceding calendar year. The attorney |
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general shall make the report available to the public on its |
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Internet website. |
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SECTION 2. The changes in law made by this Act in amending |
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Article 59.06(g), Code of Criminal Procedure, apply to any audit |
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performed under that subsection on or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2015. |