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A BILL TO BE ENTITLED
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AN ACT
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relating to the expenditure of proceeds or property received from |
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criminal asset forfeiture. |
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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 Subsections (d-3) and (d-4) and adding |
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Subsections (d-5) and (g-1) to read as follows: |
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(d-3) Except as otherwise provided by this article, an |
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expenditure of proceeds or property received under this chapter is |
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considered to be for a law enforcement purpose if the expenditure is |
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made for an activity of a law enforcement agency that relates to the |
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criminal and civil enforcement of the laws of this state, including |
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an expenditure made for: |
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(1) equipment, including vehicles, computers, |
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firearms, protective body armor, furniture, software, uniforms, |
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and maintenance equipment; |
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(2) supplies, including office supplies, mobile phone |
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and data account fees for employees, and Internet services; |
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(3) investigative and training-related travel |
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expenses, including payment for hotel rooms, airfare, meals, rental |
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of and fuel for a motor vehicle, and parking; |
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(4) conferences and training expenses, including fees |
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and materials; |
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(5) investigative costs, including payments to |
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informants and lab expenses; |
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(6) crime prevention and treatment programs; |
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(7) facility costs, including building purchase, |
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lease payments, remodeling and renovating, maintenance, and |
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utilities; |
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(8) witness-related costs, including travel and |
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security; [and] |
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(9) audit costs and fees, including audit preparation |
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and professional fees; and |
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(10) public awareness and education programs and |
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services. |
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(d-4) Except as otherwise provided by this article, an |
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expenditure of proceeds or property received under this chapter is |
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considered to be for an official purpose of an attorney's office if |
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the expenditure is made for an activity of an attorney or office of |
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an attorney representing the state that relates to the |
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preservation, enforcement, or administration of the laws of this |
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state, including an expenditure made for: |
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(1) equipment, including vehicles, computers, visual |
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aid equipment for litigation, firearms, body armor, furniture, |
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software, and uniforms; |
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(2) supplies, including office supplies, legal |
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library supplies and access fees, mobile phone and data account |
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fees for employees, and Internet services; |
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(3) prosecution and training-related travel expenses, |
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including payment for hotel rooms, airfare, meals, rental of and |
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fuel for a motor vehicle, and parking; |
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(4) conferences and training expenses, including fees |
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and materials; |
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(5) investigative costs, including payments to |
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informants and lab expenses; |
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(6) crime prevention and treatment programs; |
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(7) facility costs, including building purchase, |
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lease payments, remodeling and renovating, maintenance, and |
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utilities; |
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(8) legal fees, including court costs, witness fees, |
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and related costs, including travel and security, audit costs, and |
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professional fees; [and] |
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(9) state bar and legal association dues; and |
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(10) public awareness and education programs and |
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services. |
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(d-5) A law enforcement agency or attorney representing the |
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state may expend proceeds or property received under this chapter |
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only as described by Subsections (d-2), (d-3), and (d-4). Unless |
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otherwise authorized under this chapter, proceeds or property |
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received under this chapter may not be used for the direct or |
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indirect benefit of any person. |
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(g-1) Not later than the 10th day after the last day of each |
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quarter of the fiscal year, all law enforcement agencies and |
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attorneys representing the state who receive proceeds or property |
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under this chapter shall publish a report detailing all |
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expenditures made during the preceding quarter from the proceeds or |
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property. Each law enforcement agency and attorney representing the |
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state shall make the report available to the public on the agency's |
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or attorney's Internet website, as applicable. |
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SECTION 2. The changes in law made by this Act to Articles |
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59.06(d-3) and (d-4), Code of Criminal Procedure, apply only to the |
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expenditure of proceeds or property by a law enforcement agency or |
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attorney representing the state on or after the effective date of |
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this Act. The expenditure of proceeds or property by a law |
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enforcement agency or attorney representing the state before the |
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effective date of this Act is governed by the law in effect on the |
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date the expenditure was made, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |