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File #: 19-9176   
Type: Misc - Interlocal Agreement
In control: City Council A Session
On agenda: 1/16/2020
Posting Language: Ordinance approving two interlocal agreements with the Bexar County Criminal District Attorney's Office to share proceeds from asset forfeiture cases pursuant to Chapters 18 and 59 of the Texas Code of Criminal Procedure. These agreements are a Contraband Forfeiture interlocal agreement and a Contraband Forfeiture Agreement for Gambling Property and Proceeds. [María Villagómez, Deputy City Manager; William P. McManus, Chief of Police]
Attachments: 1. Signed ILAs from DA 112619, 2. Fiscal Impact Form Asset Seizure ILA w Bexar Cty 12.6.19, 3. Ordinance 2020-01-16-0017
DEPARTMENT: Police

DEPARTMENT HEAD: William McManus

COUNCIL DISTRICTS IMPACTED: City Wide

SUBJECT:

Authorizing Interlocal Agreements with the Bexar County Criminal District Attorney's Office

SUMMARY:

This ordinance authorizes the City Manager, the Police Chief and their designees to enter into two separate interlocal agreements 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. The term of the agreements will end October 31, 2020.

BACKGROUND INFORMATION:

Asset Seizure serves as an enforcement tool in combating crime by removing resources from the criminal. The San Antonio Police Department (SAPD) shares multiple asset seizure funds with the District Attorney's Office (DA) - including funds dedicated to the Airport, Parks, Vehicle Crimes, and Vice. 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.

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

1. 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.
2. 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.

Contraband Forfeiture Agreement for Gambling Property and Proceeds: The Contraband Forfeiture Agreement for Gambling Property and Proceeds allows SAPD and the DA's Office to share proceeds from asset forfeiture cases involving gambling on the followin...

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