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

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E. Vehicles Put into Service. In the event a Seizing Agency desires to retain a vehicle seized as contraband in order to use and operate the vehicle for official purposes, the following procedure shall be in effect: a. (1) The Attorney Representing the State shall confirm with the Seizing Agency that the Seizing Agency wishes to use the vehicle for official purposes; (2) Search NADA and/or KBB, as well as confer with the Seizing Agency to determine a reasonable estimated market value of the vehicle; (3) Calculate the percentage of the estimated market value to be disbursed to the Hays County District Attorney's Office; (4) Email an agent with authority at the Seizing Agency to confirm that, based on the estimated market value of the vehicle and the amount to be disbursed to the Hays County District Attorney's Office, the Seizing Agency still desires to use the vehicle for official purposes; (5) Once receiving confirmation, in writing, of the Seizing Agency's continued desire to use the vehicle for official purposes, the Attorney Representing the State shall proceed with drafting the Final Judgment of Forfeiture and deliver it to a judge for signature; and (6) the Attorney Representing the State shall then withhold the calculated percentage of the estimated market value to be disbursed to the Hays County District Attorney's Office (as determined from the percentage breakdowns in sections (I)(A) -(C) above) from the next disbursement issued by the Attorney Representing the State. b. If the situation arises where the next disbursement issued by the Attorney Representing the State will not cover the calculated percentage to be withheld, the Attorney Representing the State shall continue to withhold from future disbursements until the full percentage of estimated market value owed to the Hays County District Attorney's Office is paid in full. II. Forfeited and Abandoned Property Under Chapter 18, Texas Code of Criminal Procedure With respect to all forfeited property seized in connection with a violation of Chapter 18, in consideration of the services rendered by the Parties to this Agreement for the seizure and forfeiture of the said contraband, the Agency and the Attorney Representing the State agree as follows, after the deduction of applicable court costs: A. Abandoned, Non- MonetarPropegy— Article 18.17. In the event an Agency seizes property other than contraband subject to forfeiture under Chapter 59, which is not held as evidence to be used in any pending case, and has since become unclaimed or abandoned, the Agency shall give notice to the Attorney Representing the State of the unclaimed or abandoned property. Upon notice, the Attorney Representing the State shall comply with the provisions set out in Article 18.17 regarding sending notice to the owner of the property. If the property is non - monetary and is still unclaimed or abandoned after the proper notice requirements are met, the Agency shall 2013 Interlocal Agreement - Asset Forfeitures Page 3