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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 from asset |
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forfeiture proceedings under the Code of Criminal Procedure. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 59.06(g)(1), Code of Criminal Procedure, |
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is amended to read as follows: |
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(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 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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The audit must also include a detailed report that itemizes all |
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seizures of proceeds or property under this chapter and that |
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indicates the specific criminal offense on which each seizure was |
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based and, if charges were brought in connection with the offense, |
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the disposition of those charges. Certified copies of the audit |
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shall be delivered by the law enforcement agency or attorney |
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representing the state to the attorney general not later than the |
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60th day after the date on which the annual period that is the |
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subject of the audit ends. |
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SECTION 2. Article 59.06, Code of Criminal Procedure, is |
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amended by adding Subsection (g-1) to read as follows: |
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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 the |
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attorney general's Internet website. |
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SECTION 3. The changes in law made by this Act in amending |
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Article 59.06(g)(1), Code of Criminal Procedure, apply to any audit |
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performed under that subdivision on or after the effective date of |
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this Act. |
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SECTION 4. This Act takes effect September 1, 2017. |