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14 Cards in this Set

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Art. 59.01 Definititions.
1. Attorney representing the state-prosecutor in county or municipality.
2. Contraband-property including real, personal, tangible or intangible that is;
a. used in the commission of:
1. 1st or 2nd degree felony
2. any specifically listed
felony
b. use or inteded to be used to
commit felony or drug offense
c. proceeds from those acts
d. acquired with proceeds from
acts
3. Crime of Violence-any offense that results in injury or; operating a motor vehicle, aircraft or water vehicle that results in injury or death.
Art. 59.02 Forfeiture of Contraband.
1. Property that is contraband is subject to seizure/forfeiture.
2. Any property that is seized, other than evidence may be released to the person if they post a bond. The bond must be conditioned.
a. return property on day of
forfeiture hearing
b. promise to abide by decision
made at hearing
3. Property can't be seized;
a. owned before committing act
b. owned after committing act and
not from proceeds of act
4. If property is seized, owners rights remain in effect until hearing.
5. Court may make orders to perserve property at value until final disposition. This includes selling property.
6. Contraband seized by TDCJ shall be forfeited to institution.
7. Insurance or others can't file claim against forfeited property.
8. Property can't be forfeited if shown owner was not a party to the offense and that the contraband was;
a. stolen from owner
b. purchased w/money stolen or
from sale of stolen property
c. was used without consent of
owner
9. D.A. shall notify owner as to intent to seize property
Art. 59.03 Seizure of Contraband.
1. Peace Officer may seize under search warrant any property other than financial accounts.
2. Peace Officer may seize without warrant if;
a. owner consents
b. seizure is incident to a
consented search
c. property has already been
forfeited
d. seizure was incident to lawful
arrest, search or search
incident to arrest
3. A Peace Officer seizing property shall notify D.A. with sworn statement that contains inventory and reasons for seizure. Within 72 hours officer shall;
a. place the property under seal
b. remove the property to a place
ordered by the court or;
c. require Law Enforcement agency
to take custody of property
4. Person in possession of property at the time of seizure may assert their interest or right to property. Peace Officer may not request a document waiving their rights or interest.
Art. 59.04 Notification of Forfeiture Proceeding.
1. D.A. will commence forfeiture proceedings within 30 days of seizure.
2. Proceedings begin when D.A. files notice of seizure with district court clerk. Shall serve notice to owner/interest holders.
3. If property is vehicle the registered owner will be notified. If person can't be located, notice is posted on courthouse door for 30 days. Vehicle registered in TX.
4. If property is vehicle registered in another state, D.A. will request appropriate agency to notify owner.
5. If the vehicle is financed, D.A. will request owner info from institution.
6. If aircraft, make request to FAA and notify TX DPS.
7. If property is real property, D.A. shall file lis pendens notice describing property with the county clerk within 3 days.
8. For all other property, D.A. will make good faith effort to notify owner/interest holder.
9. D.A. will name owner/interest holder and have them served.
10. Person in possession shall be names as a party in proceedings.
11. If owner is unknown, county clerk will make public posting of property requesting owner.
12. Hearing may not proceed until judge is statisfied that every effort has been made to locate owner/interest holders.
Art. 59.05 Forfeiture Hearing.
1. All parties must comply with rules of pleadings as required in civil suits.
2. State must prove by prepondence of evidence.
3. Affirmative defense to spouse who is victim of Family Violence that they were unable to precent act causing seizure.
4. Final conviction of criminal offense is not required.
5. Forfeiture is intended for remedial purposes and not punishment. Judge shall determine value and award property to state or interest holder depending on value. D.A. will dispose of forfeited property.
6. On forfeitures over $2500, court cost is entitled to clerk.
7. If property is seized at Federal Checkpoint, the notice of seizure may be filed and the proceeding held;
a. in the county in which the
seizure occurred, or;
b. with consent of owner,
operator or agent in charge of
property in the adjacent county
if written in the same judicial
district
Art. 59.06 Disposition of Forfeited Property.
1. Except from media sources, all forfeited property shall be administered by the D.A. in accordance with local provisions with agencies. If no agreement exist the property shall be sold on the 75th day by a Sheriff's auction. The proceeds will be distributed as follows;
a. to any interest holder to the
extent of their nonforfeitable
interest
b. the balance after court cost,
storage fees and disposal fees
to the general revenue fund of
the state
2. If local agreement exist, D.A. may transfer property to agencies to use. If interest exist, agency may pay balance. If vehicle, title is transferred to agency.
3. If local agreement exist all money or other financial assets after costs are deducted shall be deposited in 1 or more of the following funds;
a. special fund at D.A.'s office
b. special fund for municipal
agencies
c. special fund for county agency
(sheriff)
d. special fund for state agency
4. Proceeds may be used for non-budgeted items but not for salaries, raises unless approved.
5. State shall issue title on sold items.
6. Title will be dated on forfeiture date.
7. Agencies/D.A. who receives proceeds shall account for expenditures by annual audit. Forward to Attorney General.
8. Agency/D.A. may deposit no more than 10% of amount to be used for;
a. non-profit drug abuse
prevention
b. non-profit chemical dependency
treatment facilities
c. non-profit drug and alcohol
rehabilitation or prevention
programs
d. financial assistance to higher
education in a field related
to Law Enforcement
9. Funds can't be given if officer/member of board of directors is related to member of governing body, D.A. head or Law Enforcement Agency.
10. Director of state agency can't use more than 10% for drug abuse treatment or prevention.
11. Proceeds from media sources (movie, book, articles, etc.) shall be forwarded to the Attorney General. Includes proceeds from notoriety. Money will be deposited to satisy judgements against defender and the remainder to Crime Victims Compensation Fund.
12. Agency that does not receive funds shall report the same to attorney general no later than 30 days on which budget ends.
13. May use funds to pay for audit.
14. May not transfer more than 10% for financial assistance.
15. May use funds for financial assistance in Law Enforcement related fields.
16. D.A. shall transfer Medicare/Medicaid forfeitures to Health and Human Services Commission.
Art. 59.07 Immunity.
This chapter doesn't impose any additional liability on any authorized state, county or municipal officer engaged in the lawful performance of the officers duties.
Art. 59.08 Deposit of Money Pending Disposition.
Money may be deposited in an interest bearing account and all proceeds including interest shall be distributed.
Art. 59.09 Right to attorney not to be abridged.
This chapter is not intended to abridge an accused person right to counsel in a criminal case.
Art. 59.10 Election of Laws.
If property is subject to forfeiture as contraband and any other law, D.A. may bring forfeiture under either law.
Art. 59.11 Report of Seized and forfeited aircraft.
No later than the 10th day after the last day of each quarter of fiscal year, D.P.S. shall report to the State Aircraft Pooling Board;
a. any aircraft forfeited during the quarter the purposes the dept. intends to use it for and;
b. a description of each aircraft seized and which dept. would use the aircraft if forfeited.
Art. 59.12 Seizure of Accounts and Assets at Regulated Financial Institution.
1. Article applies to property consisting of a depository account or assets in a regulated financial institution.
2. The institution may either;
a. pay an account or tender assets
held as security
b. transfer account/assets to
interest bearing account in the
name of D.A.
3. On service of seizure warrant, segregate accounts.
4. Any interest earned during process is also seized.
5. If financial institution fails to comply the court;
a. shall order the institution and
officers to pay actual damages,
attorneys fees and court cost
related to non-compliance
b. may find institution/officers
in contempt
6. An institution that complies is not liable.
7. This article does not;
a. impair the right of the state
to seize as evidence
b. waive criminal or civil
remedies available
Art. 59.13 Disclosure of information relationg to accounts and assets at regulated financial institution.
1. The D.A. (attorney representing the state) may disclose information to the primary state or federal regulator.
2. Regulator shall kepp information confidential.
3. Regulates commits offense if knowingly discloses information. Punishable by jail not to exceed 30 days, fine not to exceed $500 or both.
Art. 59.14 Notife to Primary State and Federal Financial Institution Regulators.
1. Before taking any action against institution/officer/regulator, the D.A. will notify the banking commissioner.
2. A state or federal financial institution regulator shall keep confidential any information received.
3. Punishable by up to 30 days in jail and up to $500 fine or both
4. THe notice to the banking commissioner is not considered a waiver by the state of any privilege or claim of confidentiality.