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A BILL TO BE ENTITLED
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AN ACT
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relating to forfeiture actions by the federal government and to the |
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transfer of seized property between certain state and federal |
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entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 59, Code of Criminal Procedure, is |
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amended by adding Articles 59.15 and 59.16 to read as follows: |
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Art. 59.15. TRANSFER OF FORFEITABLE PROPERTY TO FEDERAL |
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GOVERNMENT. A law enforcement agency or attorney representing the |
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state may not directly or indirectly transfer seized property to |
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any federal law enforcement authority or other federal agency and |
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may not coordinate with the authority or agency regarding seized |
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property unless: |
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(1) the value of the seized property exceeds $50,000, |
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excluding the value of any controlled substance; and |
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(2) the attorney representing the state determines |
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that: |
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(A) the activity giving rise to the applicable |
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investigation or seizure is interstate in nature and sufficiently |
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complex to justify the transfer; or |
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(B) the seized property may only be forfeited |
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under federal law. |
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Art. 59.16. COOPERATION IN FEDERAL FORFEITURE ACTION. A |
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law enforcement agency or the Texas National Guard, when operating |
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in a nonmilitary role, may not participate, assist, or cooperate in |
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a forfeiture action brought by the federal government unless the |
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value of the seized property subject to forfeiture exceeds $50,000, |
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excluding the value of any controlled substance. |
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SECTION 2. The changes in law made by this Act apply only to |
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property seized on or after the effective date of this Act. |
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Property seized before the effective date of this Act is governed by |
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the law in effect on the date the property was seized, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |