1-1  By:  Finnell, et al. (Senate Sponsor - Carriker)       H.B. No. 605
    1-2        (In the Senate - Received from the House May 10, 1993;
    1-3  May 11, 1993, read first time and referred to Committee on Criminal
    1-4  Justice; May 25, 1993, reported favorably by the following vote:
    1-5  Yeas 6, Nays 0; May 25, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Whitmire           x                               
    1-9        Brown              x                               
   1-10        Nelson             x                               
   1-11        Sibley                                         x   
   1-12        Sims               x                               
   1-13        Turner             x                               
   1-14        West               x                               
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to the forfeiture of proceeds from the commission of
   1-18  certain offenses and to the compensation of crime victims.
   1-19        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-20        SECTION 1.  Article 59.01, Code of Criminal Procedure, is
   1-21  amended to read as follows:
   1-22        Art. 59.01.  Definitions.  In this chapter:
   1-23              (1)  "Attorney representing the state" means the
   1-24  prosecutor with felony jurisdiction in the county in which a
   1-25  forfeiture proceeding is held under this chapter.
   1-26              (2)  "Contraband" means property of any nature,
   1-27  including real, personal, tangible, or intangible, that is:
   1-28                    (A)  used in the commission of:
   1-29                          (i)  any first or second degree felony
   1-30  under the Penal Code;
   1-31                          (ii)  any felony under Chapters 29, 30, 31,
   1-32  or 32, Penal Code; or
   1-33                          (iii)  any felony under The Securities Act
   1-34  (Article 581-1 et seq., Vernon's Texas Civil Statutes);
   1-35                    (B)  used or intended to be used in the
   1-36  commission of:
   1-37                          (i)  any felony under Chapter 481, Health
   1-38  and Safety Code (Texas Controlled Substances Act);
   1-39                          (ii)  any felony under Chapter 483, Health
   1-40  and Safety Code; or
   1-41                          (iii)  a felony under Article 350, Revised
   1-42  Statutes;
   1-43                    (C)  the proceeds gained from the commission of a
   1-44  felony listed in Paragraph (A) or (B) of this subdivision or a
   1-45  crime of violence; or
   1-46                    (D)  acquired with proceeds gained from the
   1-47  commission of a felony listed in Paragraph (A) or (B) of this
   1-48  subdivision or a crime of violence.
   1-49              (3)  "Crime of violence" has the meaning assigned by
   1-50  Section 3, Crime Victims Compensation Act (Article 8309-1, Vernon's
   1-51  Texas Civil Statutes).
   1-52              (4)  "Interest holder" means the bona fide holder of a
   1-53  perfected lien or a perfected security interest in property.
   1-54              (5) <(4)>  "Law enforcement agency" means an agency of
   1-55  the state or an agency of a political subdivision of the state
   1-56  authorized by law to employ peace officers.
   1-57              (6) <(5)>  "Owner" means a person who claims an
   1-58  equitable or legal ownership interest in property.
   1-59              (7)  "Proceeds" includes income a person accused or
   1-60  convicted of a crime or the person's representative or assignee
   1-61  receives from a movie, book, magazine article, tape recording,
   1-62  phonographic record, radio or television presentation, or live
   1-63  entertainment in which the crime was reenacted.
   1-64              (8) <(6)>  "Seizure" means the restraint of property by
   1-65  a peace officer under Article 59.03(a) or (b) of this code, whether
   1-66  the officer restrains the property by physical force or by a
   1-67  display of the officer's authority.
   1-68        SECTION 2.  Article 59.05(d), Code of Criminal Procedure, is
    2-1  amended to read as follows:
    2-2        (d)  A final conviction for an underlying offense <felony> is
    2-3  not a requirement for forfeiture under this chapter.  An owner or
    2-4  interest holder may present evidence of a dismissal or acquittal of
    2-5  an underlying offense <felony> in a forfeiture proceeding, and
    2-6  evidence of an acquittal raises a presumption that the property or
    2-7  interest that is the subject of the hearing is nonforfeitable.
    2-8  This presumption can be rebutted by evidence that the owner or
    2-9  interest holder knew or should have known that the property was
   2-10  contraband.
   2-11        SECTION 3.  Article 59.06(a), Code of Criminal Procedure, is
   2-12  amended to read as follows:
   2-13        (a)  Except as provided by Subsection (i), all <All>
   2-14  forfeited property shall be administered by the attorney
   2-15  representing the state, acting as the agent of the state, in
   2-16  accordance with accepted accounting practices and with the
   2-17  provisions of any local agreement entered into between the attorney
   2-18  representing the state and law enforcement agencies.  If a local
   2-19  agreement has not been executed, the property shall be sold on the
   2-20  75th day after the date of the final judgment of forfeiture at
   2-21  public auction under the direction of the county sheriff, after
   2-22  notice of public auction as provided by law for other sheriff's
   2-23  sales.  The proceeds of the sale shall be distributed as follows:
   2-24              (1)  to any interest holder to the extent of the
   2-25  interest holder's nonforfeitable interest; and
   2-26              (2)  the balance, if any, after deductions of all
   2-27  storage and disposal costs, to be deposited not later than the 30th
   2-28  day after the date of the sale in the state treasury to the credit
   2-29  of the general revenue fund.
   2-30        SECTION 4.  Article 59.06, Code of Criminal Procedure, is
   2-31  amended by adding Subsection (i) to read as follows:
   2-32        (i)  The attorney for the state shall transfer all forfeited
   2-33  property that is income from, or acquired with the income from, a
   2-34  movie, book, magazine article, tape recording, phonographic record,
   2-35  radio or television presentation, or live entertainment in which a
   2-36  crime is reenacted to the attorney general.  The attorney general
   2-37  shall deposit the money or proceeds from the sale of the property
   2-38  into an escrow account.  The money in the account is available to
   2-39  satisfy a judgment against the person who committed the crime in
   2-40  favor of a victim of the crime if the judgment is for damages
   2-41  incurred by the victim caused by the commission of the crime.  The
   2-42  attorney general shall transfer the money in the account that has
   2-43  not been ordered paid to a victim in satisfaction of a judgment to
   2-44  the compensation to victims of crime fund on the fifth anniversary
   2-45  of the date the account was established.  In this subsection,
   2-46  "victim" has the meaning assigned by Section 3, Crime Victims
   2-47  Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes).
   2-48        SECTION 5.  Section 16, Crime Victims Compensation Act
   2-49  (Article 8309-1, Vernon's Texas Civil Statutes), is amended to read
   2-50  as follows:
   2-51        Sec. 16.  Every firm, person, corporation, association, or
   2-52  other legal entity that contracts with a person who is accused or
   2-53  convicted of a crime in this state, or the representative or
   2-54  assignee of that person, with respect to the reenactment of the
   2-55  crime in a movie, book, magazine article, tape recording,
   2-56  phonograph record, radio or television presentation, or live
   2-57  entertainment<, or from the expression of the accused or convicted
   2-58  person's thoughts, feelings, opinions, or emotions regarding the
   2-59  crime> shall submit a copy of the contract to the attorney general.
   2-60  The terms of the contract or agreement must be submitted to the
   2-61  attorney general before it can be finally executed.  <All money
   2-62  that would otherwise by terms of the contract be owing to the
   2-63  accused or convicted person or his representatives shall be paid to
   2-64  the attorney general.  The attorney general shall deposit the money
   2-65  in an escrow account.>  Any action taken by any person, whether by
   2-66  way of execution of a power of attorney, creation of corporate
   2-67  entities, or otherwise, to defeat the purpose of this Act is void
   2-68  as against public policy.
   2-69        SECTION 6.  The Crime Victims Compensation Act (Article
   2-70  8309-1, Vernon's Texas Civil Statutes) is amended by adding Section
    3-1  19 to read as follows:
    3-2        Sec. 19.  Notwithstanding any provision of this Act or any
    3-3  other law, the victim of a crime shall be the first one compensated
    3-4  from any revenue collected from the perpetrator of the crime for
    3-5  that purpose.
    3-6        SECTION 7.  Sections 17 and 18, Crime Victims Compensation
    3-7  Act (Article 8309-1, Vernon's Texas Civil Statutes), are repealed.
    3-8        SECTION 8.  (a)  The change in law made by this Act applies
    3-9  only to an offense committed on or after the effective date of this
   3-10  Act.  For purposes of this section, an offense is committed before
   3-11  the effective date of this Act if any element of the offense occurs
   3-12  before the effective date.
   3-13        (b)  An offense committed before the effective date of this
   3-14  Act is covered by the law in effect when the offense was committed,
   3-15  and the former law is continued in effect for this purpose.
   3-16        SECTION 9.  This Act takes effect September 1, 1993.
   3-17        SECTION 10.  The importance of this legislation and the
   3-18  crowded condition of the calendars in both houses create an
   3-19  emergency   and   an   imperative   public   necessity   that   the
   3-20  constitutional rule requiring bills to be read on three several
   3-21  days in each house be suspended, and this rule is hereby suspended.
   3-22                               * * * * *
   3-23                                                         Austin,
   3-24  Texas
   3-25                                                         May 25, 1993
   3-26  Hon. Bob Bullock
   3-27  President of the Senate
   3-28  Sir:
   3-29  We, your Committee on Criminal Justice to which was referred H.B.
   3-30  No. 605, have had the same under consideration, and I am instructed
   3-31  to report it back to the Senate with the recommendation that it do
   3-32  pass and be printed.
   3-33                                                         Whitmire,
   3-34  Chairman
   3-35                               * * * * *
   3-36                               WITNESSES
   3-37  No witnesses appeared on H.B. No. 605.