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File #: 13-992   
Type: Misc - Interlocal Agreement
In control: City Council A Session
On agenda: 11/21/2013
Posting Language: An Ordinance authorizing the execution of a contraband forfeiture agreement and the execution of a contraband forfeiture agreement for gambling property and proceeds, both with five-year terms commencing April 1, 2014, with the Bexar County District Attorney’s Office to share proceeds from asset forfeiture cases pursuant to Chapters 18 and 59 of the Texas Code of Criminal Procedure. [Erik Walsh, Deputy City Manager; William McManus, Police Chief]
Attachments: 1. Contraband Forfeiture ILA, 2. Gambling Forfeiture ILA, 3. Draft Ordinance, 4. Ordinance 2013-11-21-0810
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DEPARTMENT: Police


DEPARTMENT HEAD: William McManus


COUNCIL DISTRICTS IMPACTED: City Wide


SUBJECT:

Authorizing Interlocal Agreements with the DA's Office


SUMMARY:

This ordinance authorizes the City Manager, or her designated representative, to enter into two (2) interlocal agreements (Contraband Forfeiture Agreement and Contraband Forfeiture Agreement for Gambling Property and Proceeds) with the Bexar County Criminal District Attorney's Office to share proceeds from asset forfeiture cases pursuant to Chapters 18 and 59 of the Code of Criminal Procedures (C.C.P.). The term of the agreements is for a five (5) year period commencing on April 1, 2014 and ending March 30, 2019.



BACKGROUND INFORMATION:

Asset Seizure serves as an enforcement tool in combating crime by removing resources from the criminal. The San Antonio Police Department (SAPD) presently administers five (5) asset seizure projects that share funds with the District Attorney's Office (DA). These agreements cover all seizures of money and property by the SAPD submitted to the DA's Office for forfeiture action.

The funds must be used for law enforcement purposes. The funds are to supplement the endeavors of the Police Department and cannot be used to supplant other activities.

The Contraband Forfeiture Agreement allows the SAPD and the DA to share proceeds from asset forfeiture cases other than gambling on the following basis:

* Forfeited money (i.e., cash, securities, negotiable instruments, stocks or bonds) shall be divided as follows: 70% of the value to SAPD and 30% of the value to the DA's Office.
* Gross proceeds from the disposition of forfeited property, other than money shall be divided as follows: 70% of the value to SAPD and 30% of the value to the DA's Office.

The Contraband Forfeiture Agreement for Gambling Property and Proceeds allows the SAPD and the DA's Office to share proceeds from asset forfeiture cases involving gambling on t...

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