CM-13-12-253ROUND ROCK, TEXAS
MIOSf I SSIOIIPRORPFART.
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a Local Agreement with Respect to the Forfeiture of
Contraband with The Harris County, Texas District Attorney Office.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/13/2013
Dept Director: Tim Ryle, Chief of Police
Cost:
Indexes:
Attachments: City Manager Approval Form, Forfeiture of Contraband Agreement
Department: Police Department
Text of Legislative File CM -13-12-253
This agreement allows the Police Department to share in court -awarded proceeds from
asset forfeiture processes conducted through the Harris County District Attorney office . This
agreement is similar to agreements the City already has in place with district attorneys in
Williamson and Travis counties regarding assets seized as a results of their use in criminal
enterprises.
The Police Department would receive a portion of any asset forfeiture funds that occur as a
result of Harris County -based criminal investigations in which the Police Department takes
part. After deducting all costs, the proceeds of any sale shall be distributed on the basis of
30 percent to the District Attorney's office and 70 percent to the Round Rock Police
Department.
Funds seized through this agreement can be used only for law enforcement purposes and
are maintained in a fund separate from the General Fund.
This agreement will allow the Department to receive funds from an already -concluded case
in Harris County for which an asset -forfeiture process was conducted.
Staff recommends authorizing this agreement.
City of Round Rock Page 1 Printed on 12/12/2013
CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION
Required for Submission of Specific City Manager Items
Department Name: Police Department
Project Mgr/Resource: Rick White
City Manager Approval
CMA Wording
Project Name: Forfeiture of Contraband Agreement
Contractor/Vendor: Harris County, Texas District Attorney Office
Consider executing a Local Agreement with Respect to the Forfeiture of Contraband with The Harris County, Texas District
Attorney Office.
Approval
Employee
Notes/Comments
E.E. (Ric) Bowden
ate December 2, 2013
LOCAL AGREEMENT WITH RESPECT
TO THE FORFEITURE OF CONTRABAND
This writing is a local agreement and memorandum of understanding between the attorney
representing the state, hereinafter referred to as the District Attorney, and the Round Rock
Police Department, hereinafter referred to as ROR, pursuant to the terms and provisions
The Texas Code of Criminal Procedure, Chapter 59.
I. DEFINITIONS
In this agreement the following definitions shall apply:
A. "Attorney representing the State" means the elected Harris County District Attorney or
any of her authorized Assistant District Attorneys.
B. "ROR" - Means the agency head of the Round Rock Police Department.
C. "Contraband", "interest holder", "owner", and "seizure" shall have the same meaning as
defined in Article 59.01, Texas Code of Criminal Procedure.
D. "Forfeitures pending" means any forfeiture matter that the District Attorney has received
notice of seizure in accordance with this agreement.
E. "Use Letter" means a document which sets out the agency's request as to the
disposition of property and/or the sharing of proceeds with another agency.
II. SEIZURE OF CONTRABAND
A. Notification of Seizure - When contraband is seized pursuant to Chapter 59 of the Texas
Code of Criminal Procedure by ROR, the seizing officers shall immediately notify the
District Attorney of the seizure as follows:
1. The seizing officer shall notify the District Attorney in writing within seven days
following the seizure, either in person or by facsimile addressed to Harris County
District Attorney, 1201 Franklin, Suite 600, Houston, Texas 77002, Attention: Asset
Forfeiture, facsimile # (713) 755-6863. This document shall be referred to as the
"Notice of Seizure." The "Notice of Seizure" shall contain:
A. A statement under oath and notarized that contains a schedule and inventory of
the property seized pursuant to Article 59.03(c) of the Code of Criminal
Procedure and this agreement.
An acknowledgment by ROR that the listed items were seized and the reasons
those items were seized pursuant to Chapter 59 of the Code of Criminal
Procedure.
2. The "Notice of Seizure" shall be accompanied by a packet of information which will
contain the following:
CNl- t3 -►2-253
A. A representation by ROR as to whether or not the listed items are being held as
evidence pursuant to a pending criminal investigation or criminal prosecution.
B. A representation by ROR that the listed items are to be kept and maintained so
as to protect the seized property pending final disposition of the suit for forfeiture
at ROR's expense.
C. Notice as to the place and location where the property is presently stored and
kept, and under whose custody and control those items are maintained.
D. The name and address, if known, of the person found in possession of the
property, or if no person was found in possession of said property, the seizing
officer shall so state.
E. The name and address, if known, of the owner of the property seized, or if the
name and address of the owner is unknown to the seizing officers and by the use
of due diligence may not be reasonably ascertained, the seizing officer shall so
state.
F. The name and address, if known, of any person who claims a security interest in
the property and the amount of such interest.
G. The marital status of any person found in possession of said seized property, or
who may be claiming any interest in said property as the owner or lien holder,
and whether or not ROR has any investigative report or records indicating that
such person has been investigated for any act of family violence as defined by
Section 71.01 Family Code.
H. If any of the seized property is money, the seizing officer shall provide evidence
of the deposit of the funds in the Wells Fargo Bank, 1500 Waugh Drive, Houston,
Texas, 77019, in a certificate of deposit styled "Harris County District Attorney,
Custodian for ROR, Incident Report Number [number applicable to seizure]".
I. If the seized property contains securities, negotiable instruments, or stocks, the
said property shall be delivered to the Office of the District Attorney, Attn: Asset
Forfeiture, 1201 Franklin, Suite 600, Houston, Texas 77002.
B. Disposition of Seized Property Prior to Forfeiture. All property, except money,
securities, negotiable instruments, or stocks, seized by ROR pursuant to this agreement
and Chapter 59, Texas Code of Criminal Procedure, both tangible, real and mixed, shall
be safely kept by ROR, under seal, and in a manner that properly protects the seized
property from damage or abuse pending final disposition of the forfeiture action, unless
otherwise ordered by the court, or subject to replevy in accordance with Article 59.02
Texas Code of Criminal Procedure. The safekeeping shall be at the sole cost and
expense of ROR.
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Money seized pursuant to this agreement and Chapter 59, Texas Code of Criminal
Procedure, shall be deposited by ROR after the seizure, in the Wells Fargo Bank, 1500
Waugh Drive, Houston, Texas 77019, in a certificate of deposit styled "Harris County
District Attorney, Custodian for ROR, Incident Report Number [number applicable to
seizure]". Evidence of the certificate of deposit shall be furnished to the District
Attorney.
Securities, negotiable instruments, or stocks seized by ROR shall be delivered to the
Office of the District Attorney, Attn: Asset Forfeiture, 1201 Franklin, Suite 600, Houston,
Texas 77002.
III. DISPOSITION OF FORFEITED PROPERTY
A. Real and Personal Property - Upon a final adjudication determining that real or personal
property, other than money securities, negotiable instruments, and stocks, shall be
forfeited to the State, the District Attorney shall dispose of such property as follows:
1. The District Attorney shall transfer the forfeited property to ROR for the official use
by the agency, if:
A. Within sixty days (60) of the date of the seizure, ROR has given written notice
in the form of a "Use Letter" addressed and delivered to the District Attorney
that ROR wants to use such property for official purposes; and
B. ROR agrees to satisfy any and all storage and maintenance costs; and
C. The property is free of any interest of an interest holder, or ROR agrees to
purchase the non -forfeitable interest of an interest holder; and
D. The District Attorney waives its 30% interest in the property pursuant to
Chapter 59 of the Texas Code of Criminal Procedure and this agreement.
2. The District Attorney may transfer said property to any agency or political subdivision
employing peace officers if:
A. ROR has notified the District Attorney in writing that ROR does not want to use
or operate the property and will waive ROR's seventy percent (70%) interest in
the property pursuant to Chapter 59 of the Texas Code of Criminal Procedure
and this agreement, or
B. ROR notifies the District Attorney within sixty (60) days of the date of seizure of
the percentage of interest that any other agency may have in the property. The
specific percentage of interest that each agency has in the property should be
included in the form of a "Use Letter" addressed and delivered to the District
Attorney, or
C. ROR has not notified the District Attorney within sixty days (60) of the date of
seizure of ROR's desire to use such property for official purposes in the form
of a "Use Letter" addressed and delivered to the District Attorney.
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3. Three out of every ten motor vehicles shall be forfeited to the District Attorney for
official use and operation, unless expressly waived by the District Attorney's Office.
4. The District Attorney shall cause the property designated by Court order to be sold
following the date of the final judgment of forfeiture as soon thereafter as reasonably
practicable. The method of sale will be determined by the District Attorney and may be
done by auction or other means determined by the District Attorney to be a fiscally
responsible manner and in accordance with law as provided in such cases.
5. The proceeds of any sale conducted hereunder shall be distributed as follows:
A. First, to any interest holder to the extent of the interest holder's non -forfeitable
interest;
B. The balance after deducting all costs, including but not limited to, maintenance,
storage and disposal costs, incurred by ROR or by the District Attorney, both
before and after the final judgment of forfeiture, shall be distributed as follows:
(1) Seventy percent (70%) of the balance remaining after deducting all costs
shall be paid by the District Attorney to ROR for deposit by ROR into a
special fund in the treasury of the political subdivision established for ROR
and committed to law enforcement purposes as provided by Chapter 59 of
the Texas Code of Criminal Procedure or it will be paid to any law
enforcement agency or political subdivision employing peace officers (for
their deposit in a special fund which comports with the requirements of
Chapter 59 of the Texas Code of Criminal Procedure) that is designated by
ROR in their "Use Letter" in the percentage designated.
(2) Thirty percent (30%) of the balance remaining after deducting all costs shall
be deposited by the District Attorney in a special fund in the county treasury
for the benefit of the District Attorney to be used solely by said
representative of the State for the official purposes of the office as provided
by Chapter 59 of the Texas Code of Criminal Procedure.
B. Money, Securities, Negotiable Instruments, and Stocks - Upon a final adjudication
determining that property consisting of money, securities, negotiable instruments, and
stocks, shall be forfeited to the State, the said property shall be converted to U.S. funds
in accordance with law. The District Attorney shall then dispose of said property as
follows:
A. First, to any interest holder to the extent of the interest holder's non -forfeitable
interest;
B. The balance after deducting all costs, including but not limited to, maintenance,
storage, brokerage fees and disposal costs, incurred by ROR or by the District
Attorney, both before and after the final judgment of forfeiture, shall be distributed
as follows:
(1) Seventy percent (70%) of the balance remaining after deducting all costs shall
be paid by the District Attorney to ROR for deposit by ROR into a special fund
in the treasury of the political subdivision established for ROR and committed to
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law enforcement purposes as provided by Chapter 59 of the Texas Code of
Criminal Procedure or it will be paid to any law enforcement agency or political
subdivision employing peace officers (for their deposit in a special fund which
comports with the requirements of Chapter 59 of the Texas Code of Criminal
Procedure) that is designated by ROR in their "Use Letter" in the percentage
designated.
(2) Thirty percent (30%) of the balance remaining after deducting all costs shall be
deposited by the District Attorney in a special fund in the county treasury for the
benefit of the District Attorney to be used solely by said representative of the
State for the official purposes of the office as provided by Chapter 59 of the
Texas Code of Criminal Procedure.
IV. DURATION OF THE AGREEMENT
This agreement shall be in force and effect from the date of execution by both agencies,
unless terminated by either the District Attorney or ROR. Termination may occur by
notification of either party, in writing, stating their intentions to terminate the agreement.
Such notice shall be communicated by personal delivery to the District Attorney or to the
agency head of ROR and shall be effective thirty days following notification. Any forfeitures
pending at the effective date of termination shall be distributed in accordance with this
agreement.
V. NOTICES
All notices shall be delivered as follows:
A. Notice of Seizure - Notice of seizure shall be served in person by ROR by hand delivery
to: The Assistant District Attorney in Charge of the Asset Forfeiture Division, Office of
the District Attorney, Fifth Floor, 1201 Franklin, Houston, Texas 77002.
B. Notice of Waiver of Interest - Notice of waiver of any interest in any forfeited property
specifically detailing the forfeited property in which he is waiving interest hereunder shall
be in writing, signed by agency head of ROR or by his designated representative, and
by the District Attorney or by her designated representative, and delivered in person, by
certified mail, or by facsimile to both of the following addresses:
1. Round Rock Police Department
2701 North Mays Street
Round Rock, Texas 78665
Fax # (512) 218-7060
2. Harris County District Attorney
Attn: Asset Forfeiture
1201 Franklin, Suite 600
Houston, Texas 77002
Fax # (713) 755-6863
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C. Other Notices - Any other notices, including but not limited to, termination, agency
use of property, and willingness to discharge interest of non -forfeitable interest
holder shall occur in accordance with V. B. above.
VI. MODIFICATION OF AGREEMENT
This writing represents the entire agreement of the parties with respect to the forfeiture of
property and controlled substances under Chapter 59 of the Texas Code of Criminal
Procedure; however, either party may modify, repeal or amend said agreement provided all
parties consent to such modification, repeal, or amendment in writing. Such modifications or
amendments may include, but are not limited to, agreements related to specific multi -
agency task force investigations or other circumstances where more than one agency
employing peace officers may be involved in a seizure. In such cases, a separate forfeiture
agreement may be devised, with the consent of all parties, and such agreement shall
supercede this agreement in the specific applicable forfeiture proceeding.
EXECUTED this day of EXECUTED this /% Iday of
,2013 by /G� 1/Ge ,2013 by
Devon Anderson
District Attorney
Harris County, Texas
Steve Norwood
City Manager
City of Round Rock, Texas