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

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retain the property and either use and operate the vehicle for official purposes or auction the property. The Agency is to retain all proceeds in regards to any auction made pursuant to Article 18.17. B. Abandoned, Monetary Property — 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 monetary and is still unclaimed or abandoned after the proper notice requirements are met, the proceeds shall be distributed as follows: the Agency shall retain 70 %, to be deposited in the Agency's fund, and the Attorney Representing the State shall retain 30 %, to be used for the official purposes of the Attorney's office. C. Gambling Paraphernalia, Prohibited Weapons, and Criminal Instruments — Article 18.18. In the event of a final conviction of a person for possession of a gambling device or equipment, altered gambling equipment, or gambling paraphernalia, for an offense involving an obscene device or material, for an offense involving child pornography, or for an offense involving a scanning device or re- coder, not later than the 30`x' day following conviction, either the court entering judgment on the conviction, the prosecuting attorney, or the law enforcement agency which seized the property shall file a motion for an order of destruction or forfeiture to the state. a. If there is no prosecution or conviction following the seizure, the magistrate to whom the return was made shall notify in writing the person found in possession of the property to show cause why the property seized should not be destroyed or forfeited. The magistrate, on the motion of the Agency, shall order the weapon destroyed or forfeited to the Agency unless a person shows cause as to why the property should not be destroyed or forfeited. i. The Seizing Agency shall make a motion in a timely manner after the time at which the Seizing Agency is informed in writing by the Attorney Representing the State that no prosecution will arise from the seizure. b. If a person timely appears to show cause why the property or proceeds should not be destroyed or forfeited, the magistrate shall conduct a hearing on the issue and determine the nature of the property or proceeds and the person's interest therein. Unless the person proves by a preponderance of the evidence that the property or proceeds is not prohibited property and that he is entitled to possession, the magistrate shall dispose of the property or proceeds in accordance with Section C above. 2013 Irlcl Agreement - Asset Forfeitures Page