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BCCO PCT #4 PowerPoint PowerPoint Presentation
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BCCO PCT #4 PowerPoint

BCCO PCT #4 PowerPoint

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BCCO PCT #4 PowerPoint

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  1. ASSET FORFEITURE TCOLE Course # 3255 AND BCCO PCT #4 PowerPoint BCCO PCT #4 PowerPoint

  2. ADMINISTRATIVE • Please complete the BCCO PCT #4 Registration form and turn it in now. • Make sure you sign TCOLE Report of Training (PID#, Full Name and DOB). • All cell phones off please – pay attention to course materials and show common respect & courtesy.

  3. Your Instructor – Course Facilitator and Mentor Trainer Deputy Chief George D. Little A.S. & B.S. Criminal Justice & Sociology B.S.CJ Wayland Baptist University, San Antonio M.S. Criminology & Counter-Terrorism University of the State of New York(P) 2012 T.C.O.L.E. Professional Achievement Award Certified Crime Prevention Specialist (C.C.P.S.) TCOLE Basic Instructor Certificate 1984 TCOLE Advanced Instructor 2012 TCOLE Master Peace Officer 1991 MP Special Operations Operator Counter-Terrorism 1988 Military Police Investigations (MPI) & Criminal Investigation Division (CID) Special Agent Graduate Drug Enforcement Administration Academy 1977 43- years Law Enforcement Experience 39-Years Teaching & Instructor Experience

  4. COURSE/LESSON OVERVIEW - Forward This course will cover the forfeiture of seized property. The student will be able to demonstrate understanding of this area to the level required by the Texas 77th in Senate Bill 563.

  5. Learning Objectives Learning Objective 1.1: Participant will be able to identify the requirements for officers as to asset forfeiture training as established by the legislature in Chapter 1701 Occupations Code. Learning Objective 1.2: Participant willbe able to identify the philosophy behind forfeiture and the extent to which it is appropriate. Learning Objective 1.3: Participant willbe able to identify definitions of contraband and proceeds. Learning Objective 1.4: Participant will be able to identify defenses to forfeiture.

  6. Learning Objective 1.5: Participant will be able to identify issues regarding pre-seizure planning. Learning Objective 1.6: Participant will be able to identify search and methods of seizure Learning Objective 1.7: Participant will be able to identify post seizure procedures. Learning Objective 1.8: Participant will be able to identify forfeiture proceedings under 59.04 Learning Objective 1.9: Participant will be able to identify other considerations in forfeiture cases

  7. ASSET FORFEITURE

  8. 1.1 Asset Forfeiture Required Training for Law Enforcement A. Occupations Code, Section 1701.253 (g) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on asset forfeiture under Chapter 59, Code of

  9. A. Occupations Code, Section 1701.253 (g) – Cont’d:Criminal Procedure, for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier.

  10. See more at: http://codes.lp.findlaw.com/txstatutes/OC/10/1701/F/1701.253#sthash.MgjCxvZe.dpuf

  11. B. Occupations Code, Section 1701.402 (d): Training in documentation of cases required by Subsection (b) shall include instruction in: • making a writtenaccount of the extent of injuries sustained by the victim of an alleged offense;

  12. B. Occupations Code, Section 1701.402 (d): Training in documentation of cases required by Subsection (b) shall include instruction in: (2) recording by photograph or videotape the area in which an alleged offense occurred and the victim's injuries; and

  13. C. All officers are required to complete this training by September 1, 2002. (See Section 10, SB 563.): ASSET FORFEITURE TRAINING

  14. B. Occupations Code, Section 1701.402 (d): Training in documentation of cases required by Subsection (b) shall include instruction in: (3) recognizing and recording a victim'sstatement that may be admissible as evidence in a proceeding concerning the matter about which the statement was made.

  15. See more at: http://codes.lp.findlaw.com/txstatutes/OC/10/1701/F/1701.253#sthash.MgjCxvZe.dpuf

  16. C. All officers are required to complete this training by September 1, 2002. (See Section 10, SB 563.) VICTIM STATEMENTS RECORDING EVIDENCE

  17. 1.2 Philosophy of Asset Forfeiture A. Elements of Chapter 59 of the Code of Criminal Procedure (CCP) 1. Definitions: (1) "Attorney representing the state" means the prosecutor with felony jurisdiction in the county in which a forfeiture proceeding is held under this chapter or, in a proceeding for

  18. A. Elements of Chapter 59 of the Code of Criminal Procedure (CCP) 1. Definitions: (1) Cont’d: forfeiture of contraband as defined under Subdivision (2)(B)(v) of this article, the city attorney of a municipality if the property is seized in that municipality by a peace officer employed by that municipality and the governing body of the municipality has approved

  19. A. Elements of Chapter 59 of the Code of Criminal Procedure (CCP) 1. Definitions: (1) Cont’d: procedures for the city attorney acting in a forfeiture proceeding. In a proceeding for forfeiture of contraband as defined under Subdivision (2)(B)(vi) of this article, the term includes the attorney general. (See Participant Handout for Text of subdivision as amended by Acts 2013, 83rd Leg., R.S., Ch. 427 (S.B.529), Sec. 2 )

  20. A. Elements of Chapter 59 of the Code of Criminal Procedure (CCP) 2. Proceeds versus instrumentalities "Proceeds" includes income a person accused or convicted of a crime or the person's representative or assignee receives from: (A) a movie, book, magazine article, tape recording, phonographic record, radio or television presentation

  21. telephone service, electronic media format, including an Internet website, or live entertainment in which the crime was reenacted; or (B) the sale of tangible property the value of which is increased by the notoriety gained from the conviction of an offense by the person accused or convicted of the crime.

  22. A. Elements of Chapter 59 of the Code of Criminal Procedure (CCP) 3. What is eligible for forfeiture? a. “Innocent” owner defense, see art. 59.02 (h) CCP: (h)(1) An owner or interest holder's interest in property may not be forfeited under this chapter if at the forfeiture hearing the owner or interest holder proves by a preponderance of the evidence that

  23. A. Elements of Chapter 59 of the Code of Criminal Procedure (CCP) 3. What is eligible for forfeiture? a. Cont’d: the owner or interest holder was not a party to the offense giving rise to the forfeiture and that the contraband: (A) was stolen from the owner or interest holder before being used in the commission of the offense giving

  24. A. Elements of Chapter 59 of the Code of Criminal Procedure (CCP) 3. What is eligible for forfeiture? (A) rise to the forfeiture; (B) was purchased with: (i) money stolen from the owner or interest holder; or (ii) proceeds from the sale of property stolen from the owner or interest holder; or

  25. A. Elements of Chapter 59 of the Code of Criminal Procedure (CCP) 3. What is eligible for forfeiture? (C) was used or intended to be used without the effective consent of the owner or interest holder in the commission of the offense giving rise to the forfeiture. (2) An attorney representing the state who has a reasonable beliefthat

  26. A. Elements of Chapter 59 of the Code of Criminal Procedure (CCP) 3. What is eligible for forfeiture? (C) (2) Cont’d: property subject to forfeiture is described by Subdivision (1) and who has a reasonable belief as to the identity of the rightful owner or interest holder of the property shall notify the owner or interest holder as provided by Article 59.04

  27. Required Notification If a peace officer seizes property under this chapter, the attorney representing the state shall commence proceedings under this section not later than the 30th day after the date of the seizure. Art 59.04 Code of Criminal Procedures

  28. A. Elements of Chapter 59 of the Code of Criminal Procedure (CCP) 3. What is eligible for forfeiture? (C)(3) An attorney representing the state is not liable in an action for damages resulting from an act or omission in the performance of the duties imposed by Subdivision (2).

  29. A. Elements of Chapter 59 of the Code of Criminal Procedure (CCP) 3. What is eligible for forfeiture? ( C ) (4) The exclusive remedy for failure by the attorney representing the state to provide the notice required under Subdivision (2) is submission of that failure as a ground for new trial in a motion for new trial or bill of review.

  30. Property that is contraband is subject to seizure and forfeiture under this chapter. “Substituteproperty" means property that is not contraband; and that is owned by a person who is or was the owner of, or has or had an interest in, contraband with an aggregate value of $200,000 or more. (See Page 21 in your handout)

  31. A. Elements of Chapter 59 of the Code of Criminal Procedure (CCP) 4. Methods of seizure seized by any peace officer under authority of a search warrant. Seizure of property subject to forfeiture may be made without warrant if: the owner, operator, or agent in charge of the property knowingly consents.

  32. A. Elements of Chapter 59 of the Code of Criminal Procedure (CCP) 5. Time limits for filings If a peace officer seizes property under this chapter, the attorney representing the state shall commence proceedings under this section not later than the 30th day after the date of the seizure.

  33. Required Notification The attorney representing the state, not later than the third day after the date proceedings are commenced, shall file a lispendensnotice describing the property with the county clerk of each county in which the property is located.

  34. B. Philosophy of forfeiture 1. Should forfeiture be a form of “extra punishment?” 2. Proportionality of property to be forfeited and to the seriousness of the offense 3. Jeopardy issues (See Pages 30 - 40 of your handout)

  35. B.2 Proportionality • 40 percentto a special fund in the department to be used solely for law enforcement purposes; • 30percent to a special fund in the county treasury for the benefit of the office of the attorney representing the state, to be used by the attorney solely for the official purposes of the attorney's office; and • 30 percentto the general revenue fund.

  36. B. Philosophy of forfeiture 3. Jeopardy issues House that belongs to someone else Heirlooms What are some other Jeopardy issues?

  37. 1.3 Definitions of Contraband & Proceeds A.Contraband Definitions Property used in the commission of: 1. Any first or second-degree felony under Penal Code (PC)

  38. A.Contraband Definitions Property used in the commission of: 2. Felony under Chapters. 29, 30, 31, 32, 35 or Section 38.04 (Robbery, Burglary, Theft and Fraud) 3. Any felony under the Securities Act

  39. A.Contraband Definitions Property used in the commission of: 4. Proceeds gained from any of the above felonies 5. Property acquired with proceeds of any of the above felonies or a crime of violence 6. Any felony under Chapter 481 Health & Safety Code (most illegal drug offenses)

  40. A.Contraband Definitions Property used in the commission of: 7. Any felony under Chapter 483 Health & Safety Code (includes dangerous drugs) 8. Any felony under Chapter 153 Finance Code (Currency Exchange, Transmission & Transport)

  41. A.Contraband Definitions Property used in the commission of: 9. Any felony under Chapter 34 Penal Code (Money Laundering) 10. Proceeds gained from any of the above felonies 11. Property acquired with proceeds of any of the above felonies or a crime of violence

  42. B.Proceeds Definitions What are Proceeds? 1. Commonly understood meaning prevails 2. Property derived from an event or transaction 3. Conviction of criminal offense not necessary

  43. 1.4 Defenses to Forfeiture A.Defenses to Forfeiture 1. Statutory Defenses, Chapter 59.02 Code of Criminal Procedures a. Innocent Owner Defense (Non–Consentual)

  44. A.Defenses to Forfeiture 1. Statutory Defenses, Chapter 59.02 Code of Criminal Procedures b. Owner acquired the property before illegal act and owner did not know or should not reasonably have known of the illegal act before acquiring the property

  45. A.Defenses to Forfeiture 1. Statutory Defenses, Chapter 59.02 Code of Criminal Procedures c. Family violence defense 1) Community property 2) Act of family violence prevented stopping illegal act