By Serna H.B. No. 2772
74R7363 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the forfeiture of a motor vehicle used immediately
1-3 preceding, during, or in immediate flight after the commission of
1-4 certain offenses.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 59.01(2), Code of Criminal Procedure, as
1-7 amended by Section 5, Chapter 761, and Section 1, Chapter 828, Acts
1-8 of the 73rd Legislature, Regular Session, 1993, is amended to read
1-9 as follows:
1-10 (2) "Contraband" means property of any nature,
1-11 including real, personal, tangible, or intangible, that is:
1-12 (A) used in the commission of:
1-13 (i) any first or second degree felony
1-14 under the Penal Code;
1-15 (ii) any felony under Chapters 29, 30, 31,
1-16 or 32, Penal Code; or
1-17 (iii) any felony under The Securities Act
1-18 (Article 581-1 et seq., Vernon's Texas Civil Statutes);
1-19 (B) used or intended to be used in the
1-20 commission of:
1-21 (i) any felony under Chapter 481, Health
1-22 and Safety Code (Texas Controlled Substances Act);
1-23 (ii) any felony under Chapter 483, Health
1-24 and Safety Code;
2-1 (iii) a felony under Article 350, Revised
2-2 Statutes; <or>
2-3 (iv) any felony under Chapter 34, Penal
2-4 Code; <or>
2-5 (v) <(iv)> a Class A misdemeanor under
2-6 Subchapter B, Chapter 365, Health and Safety Code, if the defendant
2-7 has been previously convicted twice of an offense under that
2-8 subchapter; or
2-9 (vi) <(v)> any felony under The Sale of
2-10 Checks Act (Article 489d, Vernon's Texas Civil Statutes);
2-11 (C) used immediately preceding, during, or in
2-12 immediate flight after the commission of a felony under Title 5 or
2-13 Chapter 29, Penal Code, but only if the property is a motor
2-14 vehicle;
2-15 (D) the proceeds gained from the commission of a
2-16 felony listed in Paragraph (A) or (B) of this subdivision or a
2-17 crime of violence; or
2-18 (E) <(D)> acquired with proceeds gained from the
2-19 commission of a felony listed in Paragraph (A) or (B) of this
2-20 subdivision or a crime of violence.
2-21 SECTION 2. Article 59.02, Code of Criminal Procedure, is
2-22 amended by amending Subsection (c) and adding Subsection (h) to
2-23 read as follows:
2-24 (c) Except as provided by Subsection (h) of this section, an
2-25 <An> owner or interest holder's interest in property may not be
2-26 forfeited under this chapter if the owner or interest holder:
2-27 (1) acquired and perfected the interest before or
3-1 during the act or omission giving rise to forfeiture or, if the
3-2 property is real property, he acquired an ownership interest,
3-3 security interest, or lien interest before a lis pendens notice was
3-4 filed under Article 59.04(g) of this code; and
3-5 (2) did not know or should not reasonably have known
3-6 of the act or omission giving rise to the forfeiture or that it was
3-7 likely to occur at or before the time of acquiring and perfecting
3-8 the interest or, if the property is real property, at or before the
3-9 time of acquiring the ownership interest, security interest, or
3-10 lien interest.
3-11 (h) An owner's interest in a motor vehicle that is
3-12 contraband described by Article 59.01(2)(C) may be forfeited under
3-13 this chapter only if the owner:
3-14 (1) used the motor vehicle immediately preceding,
3-15 during, or after the commission of an offense described by Article
3-16 59.01(2)(C); or
3-17 (2) consented to the use of the motor vehicle by
3-18 another and that person used the motor vehicle immediately
3-19 preceding, during, or after the commission of the offense.
3-20 SECTION 3. (a) The change in law made by this Act applies
3-21 only to the forfeiture of contraband from an offense committed on
3-22 or after the effective date of this Act. For purposes of this
3-23 section, an offense is committed before the effective date of this
3-24 Act if any element of the offense occurs before that date.
3-25 (b) The forfeiture of contraband from an offense committed
3-26 before the effective date of this Act is covered by the law in
3-27 effect when the offense was committed, and the former law is
4-1 continued in effect for that purpose.
4-2 SECTION 4. This Act takes effect September 1, 1995.
4-3 SECTION 5. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended.