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.