HBA-AMW C.S.H.B. 2696 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2696
By: Hinojosa
Criminal Jurisprudence
4/25/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Recently, several states, including Texas, have been examining the use of
criminal asset forfeiture as a tool to further discourage and impede
criminal activities.  Problems found with the existing forfeiture system
include the lack of adequate enforcement of auditing requirements, the
availability of more lenient federal forfeiture remedies, and reports of
seizures of cash without proper cause. C.S.H.B. 2696 modifies current asset
forfeiture provisions and procedures and requires the establishment of
educational and training programs on asset forfeiture for police chiefs and
certain peace officers.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 2696 amends the Code of Criminal Procedure and the Education and
Occupations codes to modify provisions relating to civil asset forfeiture.
The bill authorizes a person in the possession of contraband property at
the time a peace officer seizes the property to assert the person's
interest in or right to the property at the time of seizure.  The bill
prohibits a peace officer who seizes contraband property, at the time of
the seizure request, from requiring or in any manner inducing any person,
including a person who asserts an interest in or right to the property
seized, to execute a document purporting to waive the person's interest in
or rights to the property. 

The bill requires the attorney general to notify a law enforcement agency
(agency) or an attorney representing the state (attorney), if a copy of the
annual audit of an agency or attorney who receives proceeds from contraband
(audit) is not delivered to the attorney general not later than the 30th
day after the date on which the annual period that is the subject of the
audit ends (30-day period), within five days after the end of that period.
On a showing of good cause, the bill authorizes the attorney general to
grant an extension permitting the agency or attorney to deliver a copy of
the audit after the 30-day period and before the 46th day after the date on
which the annual period that is the subject of the audit ends (extension
period).  The bill requires the attorney general to notify the comptroller
of public accounts (comptroller) if the agency or attorney fails to
establish good cause for not delivering the copy of the audit within the
required period of time or fails to deliver a copy of an audit within the
extension period.  After the comptroller is notified by the attorney
general, the comptroller is required to perform the audit.  The bill
requires the comptroller, at the conclusion of the audit, to forward a copy
of the audit to the attorney general.  The bill provides that the agency or
attorney is liable to the comptroller for the cost of the comptroller in
performing the audit.   

C.S.H.B. 2696 requires the Bill Blackwood Law Enforcement Management
Institute of Texas, as part of the initial training and continuing
education for police chiefs, to establish a program on asset forfeiture not
later than January 1, 2002.  The bill specifies that the program must
include an examination of the best practices for educating peace officers
about asset forfeiture and monitoring peace officers' compliance with laws
relating to asset forfeiture.  The bill requires an individual appointed or
elected police chief before  September 1, 2001, to complete the program on
asset forfeiture not later than September 1, 2002.  

The bill requires the Commission on Law Enforcement Officer Standards and
Education, as part of minimum curriculum requirements, to establish a
statewide comprehensive education and training program on asset forfeiture
(program) for law enforcement officers not later than January 1, 2002, and
provides that as a requirement for an intermediate proficiency certificate,
an officer must complete the program.  The bill requires an officer to
complete the program not later than the second anniversary of the date the
officer is licensed or the date the officer applies for an intermediate
proficiency certificate, whichever date is earlier. The bill requires a
person who holds an intermediate proficiency certificate or has held a
peace officer license issued by the Commission on Law Enforcement Officer
Standards and Education for at least two years to complete the program not
later than September 1, 2002.  

EFFECTIVE DATE

September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2696 differs from the original bill by requiring the attorney
general to notify a law enforcement agency (agency) or an attorney
representing the state (attorney), if a copy of the annual audit of an
agency or attorney who receives proceeds from contraband (audit) is not
delivered to the attorney general, rather than not received by the attorney
general's office. The substitute modifies the original bill by adding
provisions regarding the granting of an extension period by the attorney
general, the forwarding of a copy of the audit to the attorney general, and
the liability of the agency or attorney to the comptroller of public
accounts for the costs of performing the audit and by removing the
provisions in the original bill regarding deduction of costs of the audit
and deposit of remaining proceeds and property into a fund to be
administered by the governor's office. 

The substitute adds provisions regarding the seizure of contraband
property, the establishment of a program on asset forfeiture by the Bill
Blackwood Law Enforcement Management Institute of Texas, and the
establishment of a statewide comprehensive education and training program
on asset forfeiture.  The substitute removes provisions in the original
bill regarding forfeiture and seizure of contraband property, presumption
and final judgment in forfeiture hearings, disposition of forfeited
property, and a defendant's right to counsel in a forfeiture action.  The
substitute also removes provisions in the original bill that modified the
definition of contraband and that specified that if the provisions
regarding audits of an agency or office that receives profits from
contraband property fall outside of the agency's or office's annual period,
those provisions take effect at the beginning of the next annual period
subsequent to September 1, 2001.