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

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. About Your Instructor Course Facilitator - Mentor 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 2012 T.C.L.E.O.S.E. Professional Achievement Award Certified Crime Prevention Specialist (C.C.P.S.) TCLEOSE Basic Instructor Certificate 1984 TCLEOSE Master Peace Officer 1991 MP Special Operations Operator Counter-Terrorism 1988 Graduate Drug Enforcement Administration Academy 1977 43- years Law Enforcement Experience 40-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 77 th in Senate Bill 563.

5. Learning Objectives Learning Objective 1.1: 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: Learning Objective 1.2: Participant will be able to identify the philosophy behind forfeiture and the extent to which it is appropriate. Learning Objective 1.3: Learning Objective 1.3: Participant will be able to identify definitions of contraband and proceeds. Learning Objective 1.4: Learning Objective 1.4: Participant will be able to identify defenses to forfeiture.

6. Learning Objective 1.5: Learning Objective 1.5: Participant will be able to identify issues regarding pre-seizure planning. Learning Objective 1.6: Learning Objective 1.6: Participant will be able to identify search and methods of seizure Learning Objective 1.7: Learning Objective 1.7: Participant will be able to identify post seizure procedures. Learning Objective 1.8: Learning Objective 1.8: Participant will be able to identify forfeiture proceedings under 59.04 Learning Objective 1.9: 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 _______ ________ under Chapter 59, Code of

9. Cont’d: 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 ______ 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.co m/txstatutes/OC/10/1701 /F/1701.253#sthash.Mgj CxvZe.dpuf

11. B. Occupations Code, Section 1701.402 (d): Training in documentation of cases required by Subsection (b) shall include instruction in: (1)making a ______ ________ 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 ______________ or ______________ the area in which an alleged offense occurred and the victim's injuries; and C. All officers are required to complete this training by September 1, 2002. (See Section 10, SB 563.):

13. 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 _______ ____________ that may be admissible as evidence in a proceeding concerning the matter about which the statement was made.

14. C. All officers are required to complete this training by September 1, 2002. (See Section 10, SB 563.) See more at: http://codes.lp.findlaw.com/txstatutes/OC/1 0/1701/F/1701.253#sthash.MgjCxvZe.dpuf

15. 1.2 Philosophy of Asset Forfeiture A. A. Elements of Chapter 59 of the Code of Criminal Procedure (CCP) 1. Definitions: (1) "Attorney representing the state" means the __________ with felony jurisdiction in the county in which a forfeiture proceeding is held under this chapter or, in a proceeding for

16. A. A. Elements of Chapter 59 of the Code of Criminal Procedure (CCP) Cont’d 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

17. A. A. Elements of Chapter 59 of the Code of Criminal Procedure (CCP) Cont’d 1. Definitions: (1) Cont’d: procedures for the city attorney acting in a forfeiture proceeding. In a proceeding for forfeiture of __________ 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 )

18. A. A. Elements of Chapter 59 of the Code of Criminal Procedure (CCP) 2. _________ 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, _____, magazine article, tape recording, phonographic record, radio or television presentation

19. telephone service, electronic media format, including an Internet website, or live entertainment in which the crime was reenacted; or (B) the sale of ________ 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.

20. A. A. Elements of Chapter 59 of the Code of Criminal Procedure (CCP) 3. What is eligible for forfeiture? a.“Innocent” owner _________, 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

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

22. A. 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) _______ stolen from the owner or interest holder; or (ii) proceeds from the sale of _______ stolen from the owner or interest holder; or

23. A. 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 _________ 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 ________ that

24. A. 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 ______ of the rightful owner or interest holder of the property shall notify the owner or interest holder as provided by Article 59.04

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

26. A. 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 ________ in an action for damages resulting from an act or omission in the performance of the duties imposed by Subdivision (2).

27. A. 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 __________ as a ground for new trial in a motion for new trial or bill of review.

28. Property that is ______________ is subject to seizure and forfeiture under this chapter. “____________ property" 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)

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

30. A. A. Elements of Chapter 59 of the Code of Criminal Procedure (CCP) Time limits for filings 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 _____ day after the date of the seizure.

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

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

33. ____ percent to a special fund in the department to be used solely for law enforcement purposes ; ____ percent 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 ____ percent to the general revenue fund.

34. B. B. Philosophy of forfeiture 3. Jeopardy issues ______________________________ _____________ What are some other Jeopardy issues?

35. 1.3 Definitions of Contraband & Proceeds A. A. Contraband Definitions Property used in the commission of: 1. Any first or second-degree _______ under Penal Code (PC)

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

37. A. A. Contraband Definitions Property used in the commission of: 4. ________ gained from any of the above felonies 5. ________ 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 _______ offenses)

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

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

40. B. Proceeds Definitions What are Proceeds? 1. Commonly understood meaning __________ 2. Property derived from an _______ or ____________ 3. Conviction of __________ offense not necessary

41. 1.4 Defenses to Forfeiture A. A. Defenses to Forfeiture Statutory Defenses 1.Statutory Defenses, Chapter 59.02 Code of Criminal Procedures a. Innocent Owner ___________ (Non–Consentual)

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

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

44. A. A. Defenses to Forfeiture 1.Statutory Defenses 1.Statutory Defenses, Chapter 59.02 Code of Criminal Procedures d._________ of _________ of Related Charges 1) Raises _______________ property should not be forfeited

45. A. A. Defenses to Forfeiture Non-Statutory Defenses 2.Non-Statutory Defenses a.Controlled Substance Analogue 1) Denial that a substance is an __________ of a controlled substance, however,

46. A. A. Defenses to Forfeiture Non-Statutory Defenses 2.Non-Statutory Defenses a.Controlled Substance Analogue 2) State need only show the substance is analogue by _________ of _______ (not both)

47. 21 USCS § 802 (32) (A) except as provided in subparagraph (C), the term controlled substance analogue means “a substance-- (i) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II; (ii) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or (iii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II.

48. (A) except as provided in subparagraph (C), the term controlled substance analogue means “a substance—(Cont’d) (ii) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or

49. (A) - (Cont’d) (iii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II.

50. A. A. Defenses to Forfeiture Non-Statutory Defenses 2.Non-Statutory Defenses b.Suppression of Evidence in Criminal Case 1) ____________ may try this but court should not grant

51. A. A. Defenses to Forfeiture Non-Statutory Defenses 2.Non-Statutory Defenses c.Fifth Amendment 1) During discovery and trial make defendant aware of ________ 2) ___________ of right can comment on any inference it may support

52. A. A. Defenses to Forfeiture Non-Statutory Defenses 2.Non-Statutory Defenses d.Homestead 1) _________ protection not resolved in Texas e.Community __________ 1) Not a valid defense

53. A. A. Defenses to Forfeiture Non-Statutory Defenses 2.Non-Statutory Defenses f.Legitimate Source of Income 1) ____________ before trial essential to establish supporting evidence 2) When, where, & how check ____________

54. A. A. Defenses to Forfeiture Non-Statutory Defenses 2.Non-Statutory Defenses f.Legitimate Source of Income. 3) Whether __________ and where and history before and since. 4)When converted to ____

55. 1.5 Issue Regarding Pre- Seizure Planning A. A. Ownership Problem 1. Community vs. ________ Property

56. B. Businesses 1. ________ of real property 2. _________ against inventory C. C. __________ over mortgage

57. D. D. ________/Liabilities E. E. _________ F. F. Rented and owner’s ________ to criminal activity

58. G. Bank Accounts 1. Identify account __________ and ____________ 2. Monitor the account to determine best time to ________ 3. Know whether it is __________ for a loan

59. 1.6 Search & Methods of Seizure A. A. Without Warrant 1.Owner, operator or agent knowingly __________ 2.Incident to search __________ to

60. A. A. Without Warrant 3.Property subject to prior judgment of ____________ 4.Incident to lawful ___________, search, or lawful search incident to ________

61. B. B. Probable Cause for Seizure 1.Reasonable ___________ that a substantial connection exists between the property to be forfeited and the criminal activity defined by statue

62. C. C. Exceptions to Warrant Requirement 1._______ __________ 2.___________ searches (exigencies) 3.Area within immediate ________ at time of arrest 4.__________ sweep of adjacent rooms

63. D. D. With Warrant 1.Rules apply from Chapter 18 Code of Criminal Procedures 2.___________ warrant must also show in affidavit the specific _______ offense committed and the described property complies with the definition of contraband from 59.01

64. 1.7 Post Seizure Procedures A. A. Peace Officer who seizes has ________

65. B. B. Must provide attorney representing state a sworn statement containing: 1.__________ of property seized 2.Acknowledgment that officer seized ____________ 3.And list of __________ supporting seizure

66. C. C. Not later than 72 hours after seizure must: 1.Place property under ________; 2.Remove ___________ to a place ordered by court; or 3.Require law enforcement agency to take _______ of the ________ and move it to a proper location.

67. D. D. Currency 1.May be deposited in __________ bearing account 2.In ___________ of state attorney

68. E. E. Waivers 1.__________ a.Article 59.04 (possession) e) If a financing statement is required by law to be filed to perfect a security interest affecting the property, and if there is reasonable cause to believe that a financing statement has been filed, the attorney representing the state who commences

69. E. E. Waivers Interest 1.Interest a.Article 59.04 (possession) e) Cont’d: proceedings shall ask the appropriate official designated by Chapter 9, Business & Commerce Code, to identify the record owner of the property and the person who is an interest holder.

70. E. E. Waivers 2.Service of ____________ a.Rule 119 Rules of Civil Procedure: be served on the following persons in the same manner as provided for the service of process by citation in civil cases: (1) the ________ of the property; and (2) any ______ holder in the property.

71. E. E. Waivers 3.Evidence of _____ ________ 4.__________ ability of a party to demonstrate to the court sufficient connection to and harm from the law

72. E. E. Waivers 5.Official _______________ 39.03 § 39.03 § 39.03. OFFICIAL OPPRESSION. (a) A public servant acting under color of his office or employment commits an offense if he: (1) intentionally subjects another to mistreatment or to ______, detention, search, __________, dispossession, assessment, or

73. Cont’d § 39.03. Cont’d: that he knows is unlawful; (2) intentionally denies or impedes another in the exercise or enjoyment of any ________, privilege, power, or immunity, knowing his conduct is unlawful; or (3) intentionally subjects another to __________ harassment.

74. 1.8 Forfeiture Proceedings Under 59.04 59.04 Forfeiture Proceeding 1._______ Proceeding

75. 59.04 Forfeiture Proceeding 2.______ _________ must begin proceedings within ___ days of your date of seizure civil 3.Service of civil citation upon parties

76. 1.9 Considerations in Forfeiture Cases A. A. Things to consider in forfeiture cases 1.______ Discovery

77. 1.9 B - Interrogatories interrogatories are part of the pre- trial discovery process, either party to a lawsuit may send a set of written questions to the other party. These questions (interrogatories) must be answered in writing under oath or under penalty of perjury within a specified time (such as 30 days).

78. 1.9 C. - Depositions testimony of a party or witness in a civil or criminal proceeding taken before trial, usually in an attorney's office.

79. 1.9 D. Settlement offers (Negotiations) In law, a settlement is a resolution between disputing parties about a legal case, reached either before or after court action begins. The term "settlement" also has other meanings in the context of law. Structured settlements provide for a periodic payment.

80. DISPOSITION forfeited All forfeited property shall be administered by the attorney representing the state, acting as the agent of the state, in accordance with accepted accounting practices and with the provisions of any local agreement entered into between the attorney representing the state and law enforcement agencies.

81. E. E. _______ F. F. Local ____________ G. __________ adoption H. H. _______ trafficking largest

82. I. I. Estimated that _____billion generated annually J. J. Estimated _____ billion laundered through financial institutions

83. SOURCES All Course Sources and/or Resources are listed in your Participant Handout

84. Exam Graduation STAY SAFE Stay VILIGANT Stay Informed