By:  Cuellar, H.                                       H.B. No. 354
       73R2435 NSC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation of the offense of money laundering, to the
    1-3  offense of engaging in organized criminal activity, to prosecution
    1-4  and investigation of money laundering, and to forfeiture of the
    1-5  proceeds of money laundering.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Title 7, Penal Code, is amended by adding Chapter
    1-8  34 to read as follows:
    1-9                     CHAPTER 34.  MONEY LAUNDERING
   1-10        Sec. 34.01.  DEFINITIONS.  In this chapter:
   1-11              (1)  "Criminal activity" means any offense, including
   1-12  any preparatory offense, that is punishable by confinement for one
   1-13  year or more under the laws of this state, another state, or the
   1-14  United States.
   1-15              (2)  "Proceeds" means property acquired or derived
   1-16  directly or indirectly from, produced through, or realized through
   1-17  an act.
   1-18              (3)  "Property" means anything of value, including:
   1-19                    (A)  real property;
   1-20                    (B)  tangible or intangible personal property;
   1-21                    (C)  a document, including money, that represents
   1-22  or embodies anything of value; or
   1-23                    (D)  an interest in property, including a
   1-24  benefit, privilege, claim, or right with respect to anything of
    2-1  value, whether real or personal, tangible or intangible.
    2-2              (4)  "Reasonable care" means the degree of prudence or
    2-3  care an ordinary and prudent person would exercise under the same
    2-4  or similar circumstances.
    2-5        Sec. 34.02.  MONEY LAUNDERING.  (a)  A person commits an
    2-6  offense if the person intentionally:
    2-7              (1)  acquires or maintains an interest in, receives,
    2-8  conceals, transfers, or transports property the person knows,
    2-9  believes, or should know, in the exercise of reasonable care, is
   2-10  proceeds of criminal activity;
   2-11              (2)  conducts, supervises, or facilitates a transaction
   2-12  involving property the person knows, believes, or should know, in
   2-13  the exercise of reasonable care, is proceeds of criminal activity;
   2-14  or
   2-15              (3)  invests, expends, or offers to invest or expend
   2-16  property the person knows or believes is proceeds of criminal
   2-17  activity.
   2-18        (b)  An offense under this section is:
   2-19              (1)  a felony of the third degree if the value of the
   2-20  property is $750 or more but less than $20,000; or
   2-21              (2)  a felony of the second degree if the value of the
   2-22  property is $20,000 or more.
   2-23        Sec. 34.03.  ASSISTANCE BY ATTORNEY GENERAL.  The attorney
   2-24  general, if requested to do so by a prosecuting attorney, may
   2-25  assist the prosecuting attorney in the investigation or prosecution
   2-26  of an offense under this chapter.
   2-27        SECTION 2.  Chapter 13, Code of Criminal Procedure, is
    3-1  amended by adding Article 13.26 to read as follows:
    3-2        Art. 13.26.  MONEY LAUNDERING.  An offense under
    3-3  Section 34.02, Penal Code, may be prosecuted in the county in which
    3-4  any element of the offense occurred or in Travis County.
    3-5        SECTION 3.  Section 71.02, Penal Code, is amended to read as
    3-6  follows:
    3-7        Sec. 71.02.  ENGAGING IN ORGANIZED CRIMINAL ACTIVITY.  (a)  A
    3-8  person commits an offense if, with the intent to establish,
    3-9  maintain, or participate in a combination or in the profits of a
   3-10  combination or as a member of a criminal street gang, he commits or
   3-11  conspires to commit one or more of the following:
   3-12              (1)  murder, capital murder, arson, aggravated robbery,
   3-13  robbery, burglary, theft, aggravated kidnapping, kidnapping,
   3-14  aggravated assault, aggravated sexual assault, sexual assault, or
   3-15  forgery;
   3-16              (2)  any felony gambling offense;
   3-17              (3)  promotion of prostitution, aggravated promotion of
   3-18  prostitution, or compelling prostitution;
   3-19              (4)  unlawful manufacture, transportation, repair, or
   3-20  sale of firearms or prohibited weapons;
   3-21              (5)  unlawful manufacture, delivery, dispensation, or
   3-22  distribution of a controlled substance or dangerous drug, or
   3-23  unlawful possession of a controlled substance or dangerous drug
   3-24  through forgery, fraud, misrepresentation, or deception;
   3-25              (6)  any unlawful wholesale promotion or possession of
   3-26  any obscene material or obscene device with the intent to wholesale
   3-27  promote the same;
    4-1              (7)  any unlawful employment, authorization, or
    4-2  inducing of a child younger than 17 years of age in an obscene
    4-3  sexual performance;
    4-4              (8)  any felony offense under Chapter 32, Penal Code;
    4-5  <or>
    4-6              (9)  any offense under Chapter 36, Penal Code; or
    4-7              (10)  an offense under Section 34.02, Penal Code.
    4-8        (b)  Except as provided in Subsection (c) of this section, an
    4-9  offense under this section is one category higher than the most
   4-10  serious offense listed in Subdivisions (1) through (10) <(9)> of
   4-11  Subsection (a) of this section that was committed, and if the most
   4-12  serious offense is a Class A misdemeanor, the offense is a felony
   4-13  of the third degree, except that if the most serious offense is a
   4-14  felony of the first degree, the offense is a felony of the first
   4-15  degree.
   4-16        (c)  Conspiring to commit an offense under this section is of
   4-17  the same degree as the most serious offense listed in Subdivisions
   4-18  (1) through (10) <(9)> of Subsection (a) of this section that the
   4-19  person conspired to commit.
   4-20        SECTION 4.  Subdivision (2), Article 59.01, Code of Criminal
   4-21  Procedure, is amended to read as follows:
   4-22              (2)  "Contraband" means property of any nature,
   4-23  including real, personal, tangible, or intangible, that is:
   4-24                    (A)  used in the commission of:
   4-25                          (i)  any first or second degree felony
   4-26  under the Penal Code;
   4-27                          (ii)  any felony under Chapters 29, 30, 31,
    5-1  or 32, Penal Code; or
    5-2                          (iii)  any felony under The Securities Act
    5-3  (Article 581-1 et seq., Vernon's Texas Civil Statutes);
    5-4                    (B)  used or intended to be used in the
    5-5  commission of:
    5-6                          (i)  any felony under Chapter 481, Health
    5-7  and Safety Code (Texas Controlled Substances Act);
    5-8                          (ii)  any felony under Chapter 483, Health
    5-9  and Safety Code; <or>
   5-10                          (iii)  a felony under Article 350, Revised
   5-11  Statutes; or
   5-12                          (iv)  an offense under Section 34.02, Penal
   5-13  Code;
   5-14                    (C)  the proceeds gained from the commission of a
   5-15  felony listed in Paragraph (A) or (B) of this subdivision; or
   5-16                    (D)  acquired with proceeds gained from the
   5-17  commission of a felony listed in Paragraph (A) or (B) of this
   5-18  subdivision.
   5-19        SECTION 5.  Article 19.07, Code of Criminal Procedure, is
   5-20  amended to read as follows:
   5-21        Art. 19.07.  Extension Beyond Term Of Period For Which Grand
   5-22  Jurors Shall Sit.  (a)  If prior to the expiration of the term for
   5-23  which the grand jury was impaneled, it is made to appear by a
   5-24  declaration of the foreman or of a majority of the grand jurors in
   5-25  open court, that the investigation by the grand jury of the matters
   5-26  before it, other than the investigation of an offense under Section
   5-27  34.02, Penal Code, cannot be concluded before the expiration of the
    6-1  term, the judge of the district court in which said grand jury was
    6-2  impaneled may, by the entry of an order on the minutes of said
    6-3  court, extend, from time to time, for the purpose of concluding the
    6-4  investigation of matters then before it, the period during which
    6-5  said grand jury shall sit, for not to exceed a total of ninety days
    6-6  after the expiration of the term for which it was impaneled, and
    6-7  all indictments pertaining thereto returned by the grand jury
    6-8  within said extended period shall be as valid as if returned before
    6-9  the expiration of the term.
   6-10        (b)  If it appears that the investigation by the grand jury
   6-11  of an offense under Section 34.02, Penal Code, cannot be concluded
   6-12  before the expiration of the term of the grand jury, the judge of
   6-13  the district court shall extend the term of the grand jury as
   6-14  described by Subsection (a) of this article.
   6-15        (c)  The extension of the term of a grand jury under this
   6-16  article does not affect the provisions of Article 19.06 relating to
   6-17  the selection and summoning of grand jurors for each regularly
   6-18  scheduled term.
   6-19        SECTION 6.  This Act takes effect September 1, 1993.
   6-20        SECTION 7.  The importance of this legislation and the
   6-21  crowded condition of the calendars in both houses create an
   6-22  emergency   and   an   imperative   public   necessity   that   the
   6-23  constitutional rule requiring bills to be read on three several
   6-24  days in each house be suspended, and this rule is hereby suspended.