By:  Conley                                            H.B. No. 443
       73R1963 DRH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation of the offense of drive-by shooting and
    1-3  the seizure of contraband used in that offense.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 42, Penal Code, is amended by adding
    1-6  Section 42.15 to read as follows:
    1-7        Sec. 42.15.  DRIVE-BY SHOOTING.  (a)  A person commits an
    1-8  offense if the person recklessly discharges a firearm from a motor
    1-9  vehicle into a place where:
   1-10              (1)  the actor knows or reasonably should know that an
   1-11  individual may be present; and
   1-12              (2)  an individual is present and is endangered by the
   1-13  discharge.
   1-14        (b)  A person commits an offense if the person operates a
   1-15  motor vehicle while and from which another commits an offense under
   1-16  Subsection (a) of this section.
   1-17        (c)  An offense under Subsection (a) of this section is a
   1-18  felony of the first degree.
   1-19        (d)  An offense under Subsection (b) of this section is a
   1-20  felony of the third degree.
   1-21        (e)  In this section, "motor vehicle" has the meaning
   1-22  assigned by Section 32.36(a)(2) of this code.
   1-23        (f)  If conduct constituting an offense under this section
   1-24  also constitutes an offense under another section of this code, the
    2-1  person may be prosecuted under either section.
    2-2        SECTION 2.  Article 59.01(2), Code of Criminal Procedure, is
    2-3  amended to read as follows:
    2-4              (2)  "Contraband" means property of any nature,
    2-5  including real, personal, tangible, or intangible, that is:
    2-6                    (A)  used in the commission of:
    2-7                          (i)  any first or second degree felony
    2-8  under the Penal Code;
    2-9                          (ii)  any felony under Chapters 29, 30, 31,
   2-10  or 32, Penal Code, or any felony under Section 42.15, Penal Code;
   2-11  or
   2-12                          (iii)  any felony under The Securities Act
   2-13  (Article 581-1 et seq., Vernon's Texas Civil Statutes);
   2-14                    (B)  used or intended to be used in the
   2-15  commission of:
   2-16                          (i)  any felony under Chapter 481, Health
   2-17  and Safety Code (Texas Controlled Substances Act);
   2-18                          (ii)  any felony under Chapter 483, Health
   2-19  and Safety Code; or
   2-20                          (iii)  a felony under Article 350, Revised
   2-21  Statutes;
   2-22                    (C)  the proceeds gained from the commission of a
   2-23  felony listed in Paragraph (A) or (B) of this subdivision; or
   2-24                    (D)  acquired with proceeds gained from the
   2-25  commission of a felony listed in Paragraph (A) or (B) of this
   2-26  subdivision.
   2-27        SECTION 3.  (a)  The change in law made by this Act applies
    3-1  only to an offense committed on or after the effective date of this
    3-2  Act.  For purposes of this section, an offense is committed before
    3-3  the effective date of this Act if any element of the offense occurs
    3-4  before the effective date.
    3-5        (b)  An offense committed before the effective date of this
    3-6  Act is covered by the law in effect when the offense was committed,
    3-7  and the former law is continued in effect for this purpose.
    3-8        SECTION 4.  This Act takes effect September 1, 1993.
    3-9        SECTION 5.  The importance of this legislation and the
   3-10  crowded condition of the calendars in both houses create an
   3-11  emergency   and   an   imperative   public   necessity   that   the
   3-12  constitutional rule requiring bills to be read on three several
   3-13  days in each house be suspended, and this rule is hereby suspended.