By Hartnett H.B. No. 1912
74R3056 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain property that is contraband for the purpose of
1-3 forfeiture.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 59.01(2), Code of Criminal Procedure, as
1-6 amended by Section 5, Chapter 761, and Section 1, Chapter 828, Acts
1-7 of the 73rd Legislature, Regular Session, 1993, is amended to read
1-8 as follows:
1-9 (2) "Contraband" means property of any nature,
1-10 including real, personal, tangible, or intangible, that is:
1-11 (A) used immediately before, during, or
1-12 immediately after the commission of or during departure immediately
1-13 following <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 immediately
1-21 before, during, or immediately after the commission of or during
1-22 departure immediately following <in> the commission of:
1-23 (i) any felony under Chapter 481, Health
1-24 and Safety Code (Texas Controlled Substances Act);
2-1 (ii) any felony under Chapter 483, Health
2-2 and Safety Code;
2-3 (iii) a felony under Article 350, Revised
2-4 Statutes; <or>
2-5 (iv) any felony under Chapter 34, Penal
2-6 Code; <or>
2-7 (v) <(iv)> a Class A misdemeanor under
2-8 Subchapter B, Chapter 365, Health and Safety Code, if the defendant
2-9 has been previously convicted twice of an offense under that
2-10 subchapter; or
2-11 (vi) <(v)> any felony under The Sale of
2-12 Checks Act (Article 489d, Vernon's Texas Civil Statutes);
2-13 (C) the proceeds gained from the commission of a
2-14 felony listed in Paragraph (A) or (B) of this subdivision or a
2-15 crime of violence; or
2-16 (D) acquired with proceeds gained from the
2-17 commission of a felony listed in Paragraph (A) or (B) of this
2-18 subdivision or a crime of violence.
2-19 SECTION 2. The change in law made by this Act applies only
2-20 to property that is contraband on or after the effective date of
2-21 this Act. Property that was contraband before the effective date
2-22 of this Act is covered by the law in effect when the property
2-23 became contraband, and the former law is continued in effect for
2-24 that purpose.
2-25 SECTION 3. This Act takes effect September 1, 1995.
2-26 SECTION 4. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.