PRESENTER: Presenter
Osbaldo Flores, Police Chief
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SUBJECT: Title
Approval of an Interlocal Agreement (ILA) with the Criminal District Attorney for Comal County in accordance with Chapter 59 of the Texas Code of Criminal Procedure, regulating the disposition of property seized by law enforcement officers and forfeited contraband.
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DEPARTMENT: New Braunfels Police Department
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COUNCIL DISTRICTS IMPACTED: All
BACKGROUND INFORMATION:
The New Braunfels Police Department (NBPD) seizes contraband and currency during criminal investigations under Chapter 59 of the Texas Code of Criminal Procedure, which governs forfeiture of seized property. State law requires an Interlocal Agreement between the Law Enforcement Agency and the Prosecuting Attorney before forfeiture proceeds can be shared. This Interlocal Agreement with the Office of the Criminal District Attorney for Comal County sets the sharing formulas for forfeited currency and proceeds from seized personal and real property, ranging from a 70%/30% to 65%/35% split in NBPD's favor for pre-trial dispositions, and 65%/35% to 60%/40% for trial dispositions. It also addresses currency under $500, allocation of seized vehicles and other property useful to either party, and assigns NBPD responsibility for maintenance, towing, and storage costs on seized property. The agreement renews automatically each year, may be terminated by either party with 30-60 days' written notice, and supersedes any prior agreement between the parties.
ISSUE:
N/A
STRATEGIC PLAN REFERENCE:
☐Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☒Organizational Excellence ☐Community Well-Being ☐N/A
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Staff recommend approval of this Interlocal Agreement.