I am looking for authority for who gets the use of Gambling proceeds forfeited in an agreed order. If the money is forfeited to the DA and the Sheriff or the DA and the Local Police Department, does the money go into the "general fund" of the county or a fund like the "hot check" fund or a fund after forfeiture similar to Ch. 59 forfeitures? I have not been able to find any authority.
Posts: 41 | Location: greenville, texas usa | Registered: February 19, 2001
Aside from whatever the court's order under art. 18.18 says, I do not believe there is any authority. I would certainly try to avoid placing the money in anyone's general fund.
18.18(a) ..."If gambling proceeds were seized, the court shall order them forfeited to the state and shall transmit them to the grand jury of the county in which they were seized for use in investigating alleged violations of the Penal Code, OR to the state, any political subdivision of the state, or to any state institution or agency"
This also applies under 18.18(b), when there is no criminal prosecution or conviction of the actor.
Based on 18.18(a) our county has always place the fund into the D.A.'s office Grand Jury Investigation Fund, but because of the language contained after the "OR" in 18.18 it would also seem to be alright to have the funds "transmitted" to the seizing agency.
I have also noted that 18.18 doesn't make any provision for a Local Agreement between the D.A. and the seizing agencies the way Ch. 59 does.
Posts: 8 | Location: Edinburg, Texas USA | Registered: October 03, 2002
