Res 2013-082/Approving an interlocal agreement regarding Asset Forfeitures within Hays County

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B. Answer Filed. The Seizing Agency shall retain 60 %, to be deposited in the Seizing Agency's fund, and the Attorney Representing the State shall retain 40 %, to be used for the official purposes of the Attorney's office, of all forfeited property and the proceeds from the sale thereof, in circumstances where an answer is filed for a forfeiture hearing. This section is applicable to violations of the Texas Controlled Substances Act and any other pertinent statute; or a. Hays County Narcotics Task Force Case. Provided that the Hays County Narcotics Task Force is comprised of San Marcos Police Department officers and Hays County Sheriffs Office deputies, the 60% proportion of proceeds retained by the Hays County Narcotics Task Force shall be divided between the San Marcos Police Department and the Hays County Sheriff's Office as follows: 30% to the San Marcos Police Department, and 30% to the Hays County Sheriff's Office. C. Trial Commences. The Seizing Agency shall retain 50 %, to be deposited in the Seizing Agency's fund, and the Attorney Representing the State shall retain 50 %, to be used for the official purposes of the Attorney's office, of all forfeited property and the proceeds from the sale thereof, in circumstances where a trial on the forfeiture hearing commences. This section is applicable to violations of the Texas Controlled Substances Act and any other pertinent statute. a. Hays County Narcotics Task Force Case. Provided that the Hays County Narcotics Task Force is comprised of San Marcos Police Department officers and Hays County Sheriff's Office deputies, the 50% proportion of proceeds retained by the Hays County Narcotics Task Force shall be divided between the San Marcos Police Department and the Hays County Sheriff's Office as follows: 25% to the San Marcos Police Department, and 25% to the Hays County Sheriff's Office. D. Vehicles to be Auctioned. In the event a Seizing Agency desires to auction a vehicle seized as contraband, the following procedure shall be in effect: a. (1) The Attorney Representing the State shall confirm with the Seizing Agency that the Agency wishes to auction the vehicle; (2) The Attorney Representing the State shall proceed with drafting the Final Judgment of Forfeiture and deliver it to a judge for signature; (3) Upon auction, the Seizing Agency shall remit an auction receipt to the Attorney Representing the State providing the proceeds derived from the auction of the vehicle; and (4) the Attorney Representing the State shall then receive payment, made payable to "Hays County" and delivered to the Hays County District Attorney's Office from buyer of vehicle at said auction; (5) the calculated percentages to be disbursed from the Hays County District Attorney's office (as determined from the percentage breakdowns in sections (I)(A) -(C) above) shall be made on the next disbursement issued by the Attorney Representing the State. 2013 Interlocal Agreement - Asset Forfeitures Page 2