Asset Forfeiture Reporting. Kent Richardson Assistant Attorney General Criminal Prosecutions Division

Similar documents
COMMISSIONERS COURT COMMUNICATION

Criminal Forfeiture Act

1 SB By Senators Orr, Smitherman, Beasley, Dunn, Sanford, Ward and. 4 Whatley. 5 RFD: Finance and Taxation Education

TEXAS ETHICS COMMISSION

As Introduced. Regular Session H. B. No

2017 SPECIAL & DEDICATED FUNDS TEXAS ASSOCIATION OF COUNTIES

September 17, Ernest Davis, Mayor City of Mount Vernon Mount Vernon City Hall, 1 st Floor One Roosevelt Square Mount Vernon, New York 10550

Arizona Judicial Nominating Commissions

Asset Forfeiture Model State Law April 9, 2011

Department of Legislative Services Maryland General Assembly 2009 Session FISCAL AND POLICY NOTE

Forfeiture of motor vehicle for impaired driving after impaired driving license revocation; forfeiture for felony speeding to elude arrest.

TEXAS ETHICS COMMISSION

CRIMINAL JUSTICE, THE COURTS AND CORRECTIONS / PUBLIC SAFETY AND JUSTICE

Civil Asset Forfeiture; Kansas Asset Seizure and Forfeiture Repository; HB 2459

CHAPTER Senate Bill No. 388

Broward College Focused Report August 26, 2013

UNOFFICIAL COPY OF HOUSE BILL 913 A BILL ENTITLED

Bylaws of the Board of Trustees of the City of Poplar Bluff Municipal Library District

City Records Retention Schedule. What have you done and how do I use it now?

TEXAS ETHICS COMMISSION

PUBLIC SAFETY EMERGENCY TELEPHONE ACT - OMNIBUS AMENDMENTS Act of Feb. 12, 1998, P.L. 64, No. 17 Session of 1998 No

CHAPTER 500. (Senate Bill 277) Vehicle Laws Speed Monitoring Systems Statewide Authorization and Use in Highway Work Zones

CITY OF SAN DIEGO. Proposition F. (This proposition will appear on the ballot in the following form.)

H 7640 S T A T E O F R H O D E I S L A N D

Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three fifths being present.

Office of the Register of Wills Montgomery County, Maryland

STOCKTON POLICE DEPARTMENT GENERAL ORDER ASSET SEIZURE AND FORFEITURE POLICY SUBJECT FROM: CHIEF ERIC JONES TO: ALL PERSONNEL

SENATE BILL 848 CHAPTER

Ch. 2 ADMINISTRATION AND BUDGET OFFICES CHAPTER 2. OFFICES OF ADMINISTRATION AND THE BUDGET

Number 4 of County Enterprise Boards (Dissolution) Act 2014

Great River Regional Library 1300 W. St. Germain St. Cloud, Minnesota Tel Fax

This title may be cited as the Uniform Electronic Transactions Act.

7A-304. Costs in criminal actions.

CHAPTER Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 1279

CAUSE NO. THE STATE OF TEXAS IN THE DISTRICT COURT OF [INSERT PROPERTY] JUDICIAL DISTRICT

HOUSE OF REPRESENTATIVES AS REVISED BY THE COMMITTEE ON CRIME PREVENTION, CORRECTIONS & SAFETY ANALYSIS

For purposes of this subpart:

REVISOR LCB/NB A

SENATE BILL No service, wireless telecommunications service, VoIP

MERCER AREA SCHOOL DISTRICT

Number 10 of Valuation (Amendment) Act 2015

Subject: Municipal government; municipal charters; amendment; 5town of. Statement of purpose: This bill proposes to approve amendments 7to the charter

NEW SMYRNA BEACH POLICE DEPARTMENT NEW SMYRNA BEACH, FLORIDA POLICY AND PROCEDURE DIRECTIVE

EWR, INC. PARTICIPANT AGREEMENT

Act on Discretionary Government Transfers (688/2001) In accordance with the decision of Parliament, the following is enacted:

ENROLLED 2017 CRC P REVISION 7 A proposal to revise the State Constitution by the Constitution Revision Commission of Florida.

UNIFORM LAW COMMISSIONERS' MODEL PUBLIC DEFENDER ACT

DRAFT Asset Forfeiture Process and Private Property Protection Act To replace ALEC Comprehensive Asset Forfeiture Act (2000)

LOCAL AUTHORITIES FISCAL CONTROL LAW. This act shall be known and may be cited as the "Local Authorities Fiscal Control Law."

GOVERNMENT CODE CHAPTER HISTORICALLY UNDERUTILIZED BUSINESSES

UNIFORM BUDGETING AND ACCOUNTING ACT Act 2 of The People of the State of Michigan enact:

BYLAWS UNITE HERE LOCAL 737 ORLANDO, FLORIDA. Revised 2012

September 17, Byron W. Brown, Mayor City of Buffalo 201 City Hall Buffalo, New York Report Number: S

RULES FOR REIMBURSEMENT OF EXPENSES FOR STATE-FUNDED ELECTIONS (Effective February 6, 2004; Revised December 29, 2015)

EWR, INC. PEANUT PARTICIPANT AGREEMENT. THIS AGREEMENT is entered into as of the day of, by and between EWR,

Section 909 Taxes Consolidation Act Statement of Affairs in Audit and Investigation

Addendum to Board Policy a Delegation of Board Authority

Assembly Bill No. 45 Committee on Legislative Operations and Elections

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 SESSION LAW HOUSE BILL 656

CHAPTER 32 MUNICIPAL BUDGET LAW. Section 32:1

Parliamentary Counsel Office Te Tari Tohutohu Paremata

PLANNING AND DEVELOPMENT AMENDMENT ACT, B I L L. No. 113 An Act to amend The Planning and Development Act, 2007

FORFEITURE PROCEDURES AMENDMENTS. Sponsor: Lyle W. Hillyard

September 17, Debra Preston, County Executive Broome County Office Building, 6 th Floor PO Box Hawley Street Binghamton, New York 13902

RULES OF TENNESSEE DEPARTMENT OF HUMAN SERVICES CHILD SUPPORT DIVISION CHAPTER LIENS FOR CHILD SUPPORT TABLE OF CONTENTS

ASSEMBLY, No STATE OF NEW JERSEY. 218th LEGISLATURE INTRODUCED MARCH 5, 2018

SUPPLEMENTAL NOTE ON SUBSTITUTE FOR HOUSE BILL NO. 2473

APPOINTMENT OF A CAMPAIGN TREASURER BY A CANDIDATE

California Labor Code (Sections )

Interlocal Agreement Regarding Asset Forfeitures within Hays County

BELIZE PRIVATE FORESTS (CONSERVATION) ACT CHAPTER 217 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

CHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 1056

CHAPTER Council Substitute for Committee Substitute for House Bill No. 325

31 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

TERRORISM (SUPPRESSION OF FINANCING) ACT. Act 16 of 2002

ORDINANCE NO. 293 I. ESTIMATED CASH ON HAND MAY 1, ,000.00

RESOLUTION NO A RESOLUTION ESTABLISHING AND IMPLEMENTING A FAIR AND OPEN PROCESS FOR THE SELECTION OF VARIOUS PROFESSIONAL SERVICE AGREEMENTS.

Session of HOUSE BILL No By Committee on Energy, Utilities and Telecommunications 1-24

LA14-24 STATE OF NEVADA. Performance Audit. Department of Public Safety Office of Director Legislative Auditor Carson City, Nevada

CHAPTER 5 AUDIT & CASE PROCESS. Pre-bid and Job Start Meetings

CITY COUNCIL CANDIDATE PACKET GRANBURY, TEXAS NOVEMBER 8, 2016 GENERAL ELECTION POSITIONS FOR ELECTION: MAYOR, PLACE 1 COUNCILPERSON, PLACE 2

Engineers Registration Bill 2018

Title 15: COURT PROCEDURE -- CRIMINAL

2018 Election Calendar Wyoming Secretary of State s Office Election Division -

UNOFFICIAL COPY OF HOUSE BILL 443 A BILL ENTITLED

BETHEL PARK PUBLIC LIBRARY

The official, corporate name of the School District shall be Reorganized R-IV School District of Buchanan County.

IC Repealed (As added by P.L , SEC.606. Repealed by P.L , SEC.60.)

LAWS OF MALAYSIA RENEWABLE ENERGY ACT Act 725 ONLINE VERSION OF UPDATED TEXT OF REPRINT

CHAPTER Committee Substitute for Committee Substitute for Senate Bill Nos. 716 and 2660

SENATE BILL No. 676 AMENDED IN SENATE MAY 5, 2015 AMENDED IN SENATE APRIL 20, Introduced by Senator Cannella.

The BY-LAWS of The Libertarian Party of Palm Beach County

Using the New York State Freedom of Information Law

A PROCEDURAL GUIDE FOR TOWNSHIPS

1. Accept the District Attorney's Office Federal Annual Financial Certification Report for equitable sharing funds for fiscal year ; and

Coal Mining Safety and Health Act 1999

AGREEMENT PURSUANT TO CHAPTER 28E, IOWA CODE BETWEEN CITY OF OSKALOOSA, IOWA AND CITY OF PELLA, IOWA AND MAHASKA COUNTY, IOWA FOR

Court Records. Published on MTAS ( April 06, 2019

NEW MEXICO YOUTH SOCCER ASSOCIATION BYLAWS. TABLE OF CONTENTS NMYSA BYLAWS Revised 9 December NAME COLORS...4

Blaine Hill Volunteer Firemen s Relief Association Allegheny County, Pennsylvania For the Period January 1, 2016 to December 31, 2017

Transcription:

Asset Forfeiture Reporting Kent Richardson Assistant Attorney General Criminal Prosecutions Division

Course Objectives To advise reporting agencies on statutory reporting requirements To familiarize reporting agencies with the reporting form

The Audit Requirement Is found in Article 59.06 of the Code of Criminal Procedure

Who Must Report? All law enforcement agencies and attorneys representing the state Article 59.06(g)(1)

Definitions Law Enforcement Agency Article 59.01(5) Any agency of the state or an agency of a political subdivision of the state authorized by law to employ peace officers Includes many different kinds of agencies Article 2.12 of the Code of Criminal Procedure District / county attorney s offices School district police departments Fire departments Not task forces (as a whole)

Definitions Attorney Representing the State Article 59.01(1) Prosecutor with felony jurisdiction in the county in which a forfeiture proceeding is held

Definitions Attorney Representing the State Article 59.01(1) (City Attorney) IF In a proceeding for forfeiture of contraband as defined under Subdivision 2(B)(v) (Illegal Dumping under H&S Code); The property is seized in that municipality by a peace officer employed by that municipality; Governing body of the municipality has approved procedures

What Is Accounted For? Seizures Forfeitures Receipts of property Specific expenditures

How Is The Accounting Done? Article 59.06(g)(1) In an audit Annually By the commissioners court or governing body of a municipality, as appropriate

When Is The Audit Performed? Law Enforcement Agencies Article 59.06(g)(1) The annual period is the fiscal year of the appropriate county or municipality

When Is The Audit Performed? Attorneys Representing the State Article 59.06(g)(1) The state fiscal year (Sept. 1 through Aug. 31)

The Reporting Form Art. 59.06(g)(1) Provided by the Attorney General

The Deadline Art. 59.06(g)(1) Must be certified and sent to the Attorney General no later than the 60 th day after the annual reporting period

Late Reports Art. 59.06(g)(2) Five days after due Attorney General will notify Attorney General can give one 15-day extension for good cause If the report is late, Attorney General shall notify the Comptroller The Comptroller shall perform audit after notification Liable to Comptroller for costs of audit

New Provisions for 2013 59.06(d-3) details allowable categories of expenditures for law enforcement agencies Equipment vehicles, computers, firearms, body armor, furniture, software, uniforms Supplies including mobile phone and internet Investigative and training related travel expenses Conferences and training expenses Investigative costs Crime prevention and treatment programs Facility costs purchases, leases, remodeling, Maintenance, utilities Witness related costs Audit costs

New Provisions for 2013 59.06(d-4) details allowable categories of expenditures for attorneys representing the state Equipment vehicles, computers, firearms, body armor, furniture, software, uniforms, litigation items Supplies including mobile phone and internet Prosecution and training related travel expenses Conferences and training expenses Investigative costs Crime prevention and treatment programs Facility costs purchases, leases, remodeling, maintenance, utilities Legal fees, audit fees and witness related costs Bar and association dues

New Provisions for 2013 59.021 (Substitute Assets) Should be reported as other property is reported on the form 59.022 (Property Removed from State) Should be reported as other property is reported on the form with the exception of civil penalties awarded to the State 59.023 (Suit for Proceeds) Should be reported as other proceeds are reported on the form

Let s Look At The Form Please ask any questions you might have as we go through the forms Your jurisdiction may account for its property in different ways

For Questions and Forms Kent Richardson Assistant Attorney General Office of the Attorney General kent.richardson@texasattorneygeneral.gov (512) 936-1348 Download at www.oag.state.tx.us (under publications / criminal justice)