1 / 84

Asset Forfeiture Training Course #3255 - BCCO PCT #4 PowerPoint

This course covers the forfeiture of seized property in accordance with Texas 77th Senate Bill 563. Participants will learn the requirements, philosophy, definitions, defenses, planning, seizure, post-seizure procedures, and other considerations in forfeiture cases.

geraldw
Download Presentation

Asset Forfeiture Training Course #3255 - BCCO PCT #4 PowerPoint

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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. About Your InstructorCourse 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 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 _______ ________ 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 ______ 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 ______ ________ 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/10/1701/F/1701.253#sthash.MgjCxvZe.dpuf

  15. 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 __________ with felony jurisdiction in the county in which a forfeiture proceeding is held under this chapter or, in a proceeding for

  16. 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

  17. 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 __________ 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. 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. 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. 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. 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. 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. 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 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. 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. 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. 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 _________ if: the owner, operator, or agent in charge of the property knowingly consents.

  30. 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 _____ day after the date of the seizure.

  31. Required Notification 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.

  32. 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. ____ percentto 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 • ____ percentto the general revenue fund.

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

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

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

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

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

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

More Related