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.