By: Finnell H.B. No. 605
73R99 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the forfeiture of proceeds from the commission of
1-3 certain offenses and to the compensation of crime victims.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 59.01, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 59.01. Definitions. In this chapter:
1-8 (1) "Attorney representing the state" means the
1-9 prosecutor with felony jurisdiction in the county in which a
1-10 forfeiture proceeding is held under this chapter.
1-11 (2) "Contraband" means property of any nature,
1-12 including real, personal, tangible, or intangible, that is:
1-13 (A) used in the commission of:
1-14 (i) any first or second degree felony
1-15 under the Penal Code;
1-16 (ii) any felony under Chapters 29, 30, 31,
1-17 or 32, Penal Code; or
1-18 (iii) any felony under The Securities Act
1-19 (Article 581-1 et seq., Vernon's Texas Civil Statutes);
1-20 (B) used or intended to be used in the
1-21 commission of:
1-22 (i) any felony under Chapter 481, Health
1-23 and Safety Code (Texas Controlled Substances Act);
1-24 (ii) any felony under Chapter 483, Health
2-1 and Safety Code; or
2-2 (iii) a felony under Article 350, Revised
2-3 Statutes;
2-4 (C) the proceeds gained from the commission of a
2-5 felony listed in Paragraph (A) or (B) of this subdivision or a
2-6 crime of violence; or
2-7 (D) acquired with proceeds gained from the
2-8 commission of a felony listed in Paragraph (A) or (B) of this
2-9 subdivision or a crime of violence.
2-10 (3) "Crime of violence" has the meaning assigned by
2-11 Section 3, Crime Victims Compensation Act (Article 8309-1, Vernon's
2-12 Texas Civil Statutes).
2-13 (4) "Interest holder" means the bona fide holder of a
2-14 perfected lien or a perfected security interest in property.
2-15 (5) <(4)> "Law enforcement agency" means an agency of
2-16 the state or an agency of a political subdivision of the state
2-17 authorized by law to employ peace officers.
2-18 (6) <(5)> "Owner" means a person who claims an
2-19 equitable or legal ownership interest in property.
2-20 (7) "Proceeds" includes income a person accused or
2-21 convicted of a crime or the person's representative or assignee
2-22 receives from a movie, book, magazine article, tape recording,
2-23 phonographic record, radio or television presentation, or live
2-24 entertainment in which the crime was reenacted.
2-25 (8) <(6)> "Seizure" means the restraint of property by
2-26 a peace officer under Article 59.03(a) or (b) of this code, whether
2-27 the officer restrains the property by physical force or by a
3-1 display of the officer's authority.
3-2 SECTION 2. Article 59.05(d), Code of Criminal Procedure, is
3-3 amended to read as follows:
3-4 (d) A final conviction for an underlying offense <felony> is
3-5 not a requirement for forfeiture under this chapter. An owner or
3-6 interest holder may present evidence of a dismissal or acquittal of
3-7 an underlying offense <felony> in a forfeiture proceeding, and
3-8 evidence of an acquittal raises a presumption that the property or
3-9 interest that is the subject of the hearing is nonforfeitable.
3-10 This presumption can be rebutted by evidence that the owner or
3-11 interest holder knew or should have known that the property was
3-12 contraband.
3-13 SECTION 3. Article 59.06(a), Code of Criminal Procedure, is
3-14 amended to read as follows:
3-15 (a) Except as provided by Subsection (i), all <All>
3-16 forfeited property shall be administered by the attorney
3-17 representing the state, acting as the agent of the state, in
3-18 accordance with accepted accounting practices and with the
3-19 provisions of any local agreement entered into between the attorney
3-20 representing the state and law enforcement agencies. If a local
3-21 agreement has not been executed, the property shall be sold on the
3-22 75th day after the date of the final judgment of forfeiture at
3-23 public auction under the direction of the county sheriff, after
3-24 notice of public auction as provided by law for other sheriff's
3-25 sales. The proceeds of the sale shall be distributed as follows:
3-26 (1) to any interest holder to the extent of the
3-27 interest holder's nonforfeitable interest; and
4-1 (2) the balance, if any, after deductions of all
4-2 storage and disposal costs, to be deposited not later than the 30th
4-3 day after the date of the sale in the state treasury to the credit
4-4 of the general revenue fund.
4-5 SECTION 4. Article 59.06, Code of Criminal Procedure, is
4-6 amended by adding Subsection (i) to read as follows:
4-7 (i) The attorney for the state shall transfer all forfeited
4-8 property that is income from, or acquired with the income from, a
4-9 movie, book, magazine article, tape recording, phonographic record,
4-10 radio or television presentation, or live entertainment in which a
4-11 crime is reenacted to the attorney general. The attorney general
4-12 shall deposit the money or proceeds from the sale of the property
4-13 into an escrow account. The money in the account is available to
4-14 satisfy a judgment against the person who committed the crime in
4-15 favor of a victim of the crime if the judgment is for damages
4-16 incurred by the victim caused by the commission of the crime. The
4-17 attorney general shall transfer the money in the account that has
4-18 not been ordered paid to a victim in satisfaction of a judgment to
4-19 the compensation to victims of crime fund on the fifth anniversary
4-20 of the date the account was established. In this subsection,
4-21 "victim" has the meaning assigned by Section 3, Crime Victims
4-22 Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes).
4-23 SECTION 5. Section 16, Crime Victims Compensation Act
4-24 (Article 8309-1, Vernon's Texas Civil Statutes), is amended to read
4-25 as follows:
4-26 Sec. 16. Every firm, person, corporation, association, or
4-27 other legal entity that contracts with a person who is accused or
5-1 convicted of a crime in this state, or the representative or
5-2 assignee of that person, with respect to the reenactment of the
5-3 crime in a movie, book, magazine article, tape recording,
5-4 phonograph record, radio or television presentation, or live
5-5 entertainment<, or from the expression of the accused or convicted
5-6 person's thoughts, feelings, opinions, or emotions regarding the
5-7 crime> shall submit a copy of the contract to the attorney general.
5-8 The terms of the contract or agreement must be submitted to the
5-9 attorney general before it can be finally executed. <All money
5-10 that would otherwise by terms of the contract be owing to the
5-11 accused or convicted person or his representatives shall be paid to
5-12 the attorney general. The attorney general shall deposit the money
5-13 in an escrow account.> Any action taken by any person, whether by
5-14 way of execution of a power of attorney, creation of corporate
5-15 entities, or otherwise, to defeat the purpose of this Act is void
5-16 as against public policy.
5-17 SECTION 6. Sections 17 and 18, Crime Victims Compensation
5-18 Act (Article 8309-1, Vernon's Texas Civil Statutes), are repealed.
5-19 SECTION 7. (a) The change in law made by this Act applies
5-20 only to an offense committed on or after the effective date of this
5-21 Act. For purposes of this section, an offense is committed before
5-22 the effective date of this Act if any element of the offense occurs
5-23 before the effective date.
5-24 (b) An offense committed before the effective date of this
5-25 Act is covered by the law in effect when the offense was committed,
5-26 and the former law is continued in effect for this purpose.
5-27 SECTION 8. This Act takes effect September 1, 1993.
6-1 SECTION 9. The importance of this legislation and the
6-2 crowded condition of the calendars in both houses create an
6-3 emergency and an imperative public necessity that the
6-4 constitutional rule requiring bills to be read on three several
6-5 days in each house be suspended, and this rule is hereby suspended.