2017S0020-1 12/20/16
	By: Huffman	S.B. No. 401

	A BILL TO BE ENTITLED
	AN ACT
	relating to the seizure of property by a peace officer.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 59.03, Code of Criminal Procedure, is
	amended by adding Subsections (b-1) and (c-1) and amending
	Subsection (c) to read as follows:
	(b-1)  If property is seized under this chapter without a
	warrant, the peace officer making such seizure shall without
	unnecessary delay, but not later than 48 hours after the seizure,
	make application for a warrant pursuant to Article 18.01 setting
	forth sufficient facts that such seizure was made in accordance
	with Subsection (b). If no warrant is issued, the law enforcement
	agency whose officer made the seizure shall return the property to
	the owner or to the person found to be in possession of the property
	at the time of the seizure or to another person who demonstrates an
	interest in the property, as appropriate. If a proceeding is
	commenced pursuant to Article 59.04, upon motion by an owner or
	interest holder in the property and prior to final hearing, the
	court shall determine whether the seizure of the property was made
	in accordance with Subsection (b). If the court determines that the
	seizure was not made in accordance with Subsection (b), the court
	shall dismiss the proceeding and order the return of the property to
	the owner or to the person found to be in possession of the property
	at the time of the seizure or to another person who demonstrates an
	interest in the property, as appropriate. Any order of return of
	the property shall be stayed upon notice and perfection of an appeal
	by the attorney representing the state of the determination by the
	court.
	(c)  A peace officer who seizes property under this chapter
	has custody of the property, subject only to replevy under Article
	59.02 of this code or an order of a court. A peace officer who has
	custody of property shall provide the attorney representing the
	state with a copy of the warrant authorizing the seizure along with
	[sworn statement that contains] a schedule of the property seized
	and[,] an acknowledgment that the officer has seized the property[,
	and a list of the officer's reasons for the seizure]. Not later
	than 72 hours after the seizure, the peace officer shall:
	(1)  place the property under seal;
	(2)  remove the property to a place ordered by the
	court; or
	(3)  require a law enforcement agency of the state or a
	political subdivision to take custody of the property and move it to
	a proper location.
	(c-1)  A law enforcement agency in custody of property seized
	shall be liable for all associated storage costs.
	SECTION 2.  Article 59.04(b), Code of Criminal Procedure, is
	amended to read as follows:
	(b)  A forfeiture proceeding commences under this chapter
	when the attorney representing the state files a notice of the
	seizure and intended forfeiture in the name of the state with the
	clerk of the district court in the county in which the seizure is
	made. The attorney representing the state must attach to the notice
	the warrant authorizing the seizure pursuant to [peace officer's
	sworn statement under] Article 59.03 of this code or, if the
	property has been seized under Article 59.12(b), the statement of
	the terms and amount of the depository account or inventory of
	assets provided by the regulated financial institution to the peace
	officer executing the warrant in the manner described by Article
	59.12(b). Except as provided by Subsection (c) of this article, the
	attorney representing the state shall cause certified copies of the
	notice to be served on the following persons in the same manner as
	provided for the service of process by citation in civil cases:
	(1)  the owner of the property; and
	(2)  any interest holder in the property.
	SECTION 3.  Article 59.05, Code of Criminal Procedure, is
	amended by amending Subsection (b) and adding Subsection (h) to
	read as follows:
	(b)  All cases under this chapter shall proceed to trial in
	the same manner as in other civil cases. The state has the burden of
	proving by clear and convincing [a preponderance of the] evidence
	that property is subject to forfeiture.
	(h)  Upon dismissal of a proceeding under this chapter or a
	determination by the court that the property or an interest in the
	property is not forfeitable, the court may order the attorney
	representing the state to pay court costs, including deposition
	fees and reasonable attorney's fees, to an owner or interest holder
	who makes a claim to the property in the proceeding.
	SECTION 4.  Articles 59.06(d-3) and (d-4), Code of Criminal
	Procedure, are amended to read as follows:
	(d-3)  Except as otherwise provided by this article, an
	expenditure of proceeds or property received under this chapter is
	considered to be for a law enforcement purpose if the expenditure is
	made for an activity of a law enforcement agency that relates to the
	criminal and civil enforcement of the laws of this state, including
	an expenditure made for:
	(1)  equipment, including vehicles, computers,
	firearms, protective body armor, furniture, software, uniforms,
	and maintenance equipment;
	(2)  supplies, including office supplies, mobile phone
	and data account fees for employees, and Internet services;
	(3)  investigative and training-related travel
	expenses, including payment for hotel rooms, airfare, meals, rental
	of and fuel for a motor vehicle, and parking;
	(4)  conferences and training expenses, including fees
	and materials;
	(5)  investigative costs, including payments to
	informants and lab expenses;
	(6)  crime prevention and treatment programs;
	(7)  facility costs, including building purchase,
	lease payments, remodeling and renovating, maintenance, and
	utilities;
	(8)  witness-related costs, including travel and
	security; [and]
	(9)  audit costs and fees, including audit preparation
	and professional fees; and
	(10)  storage costs pursuant to Article 59.03(c-1).
	(d-4)  Except as otherwise provided by this article, an
	expenditure of proceeds or property received under this chapter is
	considered to be for an official purpose of an attorney's office if
	the expenditure is made for an activity of an attorney or office of
	an attorney representing the state that relates to the
	preservation, enforcement, or administration of the laws of this
	state, including an expenditure made for:
	(1)  equipment, including vehicles, computers, visual
	aid equipment for litigation, firearms, body armor, furniture,
	software, and uniforms;
	(2)  supplies, including office supplies, legal
	library supplies and access fees, mobile phone and data account
	fees for employees, and Internet services;
	(3)  prosecution and training-related travel expenses,
	including payment for hotel rooms, airfare, meals, rental of and
	fuel for a motor vehicle, and parking;
	(4)  conferences and training expenses, including fees
	and materials;
	(5)  investigative costs, including payments to
	informants and lab expenses;
	(6)  crime prevention and treatment programs;
	(7)  facility costs, including building purchase,
	lease payments, remodeling and renovating, maintenance, and
	utilities;
	(8)  legal fees, including court costs, witness fees,
	and related costs, including travel and security, audit costs, and
	professional fees; [and]
	(9)  state bar and legal association dues; and
	(10)  payment of costs and attorney's fees ordered to be
	paid pursuant to Article 59.05(h).
	SECTION 5.  The changes in law made by this Act apply only to
	a seizure of property that occurs on or after the effective date of
	this Act. A seizure of property occurring before that date is
	governed by the law in effect on the date the seizure was made, and
	the former law is continued in effect for that purpose.
	SECTION 6.  This Act takes effect September 1, 2017.