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HomeMy WebLinkAboutRES 21-105RESOLUTION NO. 21-105 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, THAT the City Manager or his designee be and they are hereby authorized to execute an Interlocal Agreement between the City of Beaumont and Harris County District Attorney relating to proceeds from forfeiture of contraband. The Interlocal Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of April, 2021. 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 hereinafter referred to as ®, pursuant to the terms and provisions of 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. "BPD" means the agency head of the Beaumont 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 and has initiated a civil forfeiture proceeding. E. "Use LetteP 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. It. SEIZURE OF CONTRABAND A. Notification of Seizure - When contraband is seized pursuant to Chapter 59 of the Texas Code of Criminal Procedure by BPD, the seizing officers shall promptly 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, 500 Jefferson Street, Suite 600, Houston, Texas 77002, Attention: Asset Forfeiture, facsimile # (713) 437-4967. 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, and B. An acknowledgment by BPD 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: EXHIBIT "A" A. A representation by BPD 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 BPD that the listed items are to be kept and maintained at the BPD expense so as to protect the seized property pending final disposition of the suit for forfeiture and distribution of the assets. 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 properly, 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 BPD has any investigative report or records indicating that such person has been investigated for any act of family violence as defined by Section 71.004 of the Texas 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 44Ik 056, in a certificate of deposit styled "Harris County District Attorney, Custodian for BPD, Incident Report Number [number applicable to seizurep'. 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, 500 Jefferson Street, Suite 600, Houston, Texas 77002. B. Disposition of Seized Prooerly Prior to Forfeiture. All property, except money, securities, negotiable instruments, or stocks, seized by BPD pursuant to this agreement and Chapter 59, Texas Code of Criminal Procedure, both tangible, real and mixed, shall be safely kept by BPD, 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 BPD. Money seized pursuant to this agreement and Chapter 59, Texas Code of Criminal Procedure, shall be deposited by BPD after the seizure, in the 419 MQ, in a certificate of deposit or account styled "Harris County District Attorney, Custodian for BPD, Incident Report Number [number applicable to seizure]". Evidence of the certificate of deposit or account shall be furnished to the District Attorney. Securities, negotiable instruments, or stocks seized by BPD shall be delivered to the Office of the District Attorney, Attn: Asset Forfeiture, 500 Jefferson Street, 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 BPD for the official use by the agency, if: A. Within sixty days (60) of the date of the seizure, BPD has given written notice in the form of a "Use Letter" addressed and delivered to the District Attorney that BPD wants to use such property for official purposes; and B. BPD agrees to satisfy any and all storage and maintenance costs; and C. The property is free of any interest of an interest holder, or BPD 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. BPD has notified the District Attorney in writing that BPD does not want to use or operate the property and will waive BPD's seventy percent (70%) interest in the property pursuant to Chapter 59 of the Texas Code of Criminal Procedure and this agreement, or B. BPD 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. BPD has not notified the District Attorney within sixty days (60) of the date of seizure of BPD's desire to use such property for official purposes in the form of a "Use Letter addressed and delivered to the District Attorney. 3. Three out of every ten motor vehicles may be forfeited to the District Attorney for 3 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. Next, to any court costs to which a district court clerk is entitled under Article 59.05(f), the request of citation and the perfection of service of citation; and then: C. The remaining balance shall be distributed as follows: (1) Thirty percent (30%) of the balance remaining 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. (2) Seventy percent (70%) of the balance remaining after deducting all costs, including but not limited to, maintenance, storage and disposal costs, incurred by BPD, both before and after the final judgment of forfeiture, shall be paid by the District Attorney to BPD for deposit by BPD into a special fund in the treasury of the political subdivision established for BPD 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 BPD in their "Use Letter in the percentage designated. 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: 1. First, to any interest holder to the extent of the interest holder's non -forfeitable interest; 2. Next, to any court costs to which a district court clerk is entitled under Article 59.05(f), the request of citation and the perfection of service of citation; and then: 3. The remaining balance shall be distributed as follows: (a) Thirty percent (30%) of the balance remaining shall be deposited by the District Attorney in a special fund In the county treasury for the benefit of the 4 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) Seventy percent (70%) of the balance remaining after deducting all costs, including but not limited to, maintenance, storage and disposal costs, incurred by BPD, both before and after the final judgment of forfeiture, shall be paid by the District Attorney to BPD for deposit by BPD into a special fund in the treasury of the political subdivision established for BPD 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 BPD in their 'Use Letter in the percentage designated. 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 BPD. 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 BPD 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 BPD by hand delivery to the Harris County District Attorney's Office, Asset Forfeiture Division, located on the 6th floor at 500 Jefferson Street, Houston, Texas 77002, or by facsimile transmission to the Harris County district Attorney's Office, Asset Forfeiture Division, at (713) 437-4967. B. Notice of Waiver of Interest - Notice of waiver of any interest in any forfeited property specifically detailing the forfeited property in which the party is waiving interest hereunder shall be in writing, signed by the agency head of BPD or by his designated representative, or by the District Attorney or by her designated representative, as applicable, and delivered in person, by certified mail, or by facsimile to both of the following addresses as applicable: l73 " zllrr.F' amp :tXU17e1771. '1�-iCFF I v7-'Xr,G✓ 2. Hams County District Attorney Attn: Asset Forfeiture Fax ft W. -D437-4167 C. Other Notices - Any other notices, including but not limited to, termination, agency use of property, and willingness to discharge interest of non-forfeftable 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 mufti -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 speck applicable forfeiture proceeding. EXECUTED this i 9- day of Cl rIn 2021 by Kim Ogg District Attorn y Harris County, Texas EXECUTED this day of 904j, by James P. Singletary Chief of Police Beaumont Police Department