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BPOC · Chapter 11Free chapter guide

Asset Forfeiture.

This chapter covers what a Texas peace officer must know about asset Forfeiture, along with the statute limits that shape each element, at the level of detail the TCOLE tests.

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Some of what’s covered

A few learning objectives from this chapter.

Sample of 6
LO 11.1
Identify the requirements established by the legislature in Chapter 1701 Occupations Code for peace officers to be trained on asset forfeiture. Occupations Code, Section 1701.253 (g)
LO 11.2
Identify the philosophy behind forfeiture and the extent to which it is appropriate. Philosophy of forfeiture
LO 11.3
Identify definitions of contraband and proceeds. Contraband as defined by CCP 59.01 means property of any nature, including real, personal, tangible, or intangible, that is used in the commission of:
LO 11.4
Identify defenses to forfeiture. Defenses to Forfeiture
Key statutes cited

The law that drives the questions.

Tex. CCP art. 59.01STATUTE
Tex. Penal Code 39.03STATUTE
Tex. CCP art. 59.023STATUTE
Tex. CCP art. 59.06STATUTE
Common questions

What recruits ask about this chapter.

How does a Texas peace officer identify requirements established by the legislature in Chapter 1701 Occupations Code for peace officers to be trained on asset forfeiture?

Identify the requirements established by the legislature in Chapter 1701 Occupations Code for peace officers to be trained on asset forfeiture.

How does a Texas peace officer identify philosophy behind forfeiture and the extent to which it is appropriate?

Identify the philosophy behind forfeiture and the extent to which it is appropriate. Includes: should forfeiture be a form of “extra punishment?”; main goal is to deprive criminals of the profits and instrumentalities of crime in a manner that benefits law enforcement and the State;

How does a Texas peace officer identify definitions of contraband and proceeds?

Identify definitions of contraband and proceeds. Includes: any first or second-degree felony under Penal Code (PC); any felony Section 15.031(b), 21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal Code; any felony under Chapter 43, Penal Code, except as provided by Paragraph (B);

How does a Texas peace officer identify defenses to forfeiture?

Identify defenses to forfeiture. Includes: statutory Defenses, Article 59.02 Code of Criminal Procedure; innocent Owner Defense (Non-Consensual)  Acquired interest before forfeiture  Did not know or should not reasonably have known of the act or omission giving rise to the forfeiture or that it was likely to occur at or before the time of acquiring the int…

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