By Dutton                                        H.B. No. 695

      75R2111 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the forfeiture of motor vehicles used in the commission

 1-3     of certain offenses involving prostitution.

 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, is

 1-6     amended to read as follows:

 1-7                 (2)  "Contraband" means property of any nature,

 1-8     including real, personal, tangible, or intangible, that is:

 1-9                       (A)  used in the commission of:

1-10                             (i)  any first or second degree felony

1-11     under the Penal Code;

1-12                             (ii)  any felony under Section 38.04 or

1-13     Chapters 29, 30, 31, 32, or 35, Penal Code; [or]

1-14                             (iii)  any felony under The Securities Act

1-15     (Article 581-1 et seq., Vernon's Texas Civil Statutes); or

1-16                             (iv)  a misdemeanor under Section

1-17     43.02(a)(2), Penal Code, except that for the purpose of this

1-18     subparagraph only, the only property that constitutes contraband is

1-19     a  motor vehicle used in the commission of the offense;

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;

 2-2                             (iii)  a felony under Article 350, Revised

 2-3     Statutes;

 2-4                             (iv)  any felony under Chapter 34, Penal

 2-5     Code;

 2-6                             (v)  a Class A misdemeanor under Subchapter

 2-7     B, Chapter 365, Health and Safety Code, if the defendant has been

 2-8     previously convicted twice of an offense under that subchapter; or

 2-9                             (vi)  any felony under The Sale of Checks

2-10     Act (Article 489d, Vernon's Texas Civil Statutes);

2-11                       (C)  the proceeds gained from the commission of a

2-12     felony listed in Paragraph (A) or (B) of this subdivision or a

2-13     crime of violence; or

2-14                       (D)  acquired with proceeds gained from the

2-15     commission of a felony listed in Paragraph (A) or (B) of this

2-16     subdivision or a crime of violence.

2-17           SECTION 2.  (a) The change in law made by this Act relates

2-18     only to property used in the commission of an offense under Section

2-19     43.02, Penal Code, if the offense is committed on or after the

2-20     effective date of this Act.  For purposes of this section, an

2-21     offense is committed before the effective date of this Act if any

2-22     element of the offense occurs before the effective date.

2-23           (b)  Property used in the commission of an offense committed

2-24     before the effective date of this Act is covered by the law in

2-25     effect when the offense was committed, and the former law is

2-26     continued in effect for that purpose.

2-27           SECTION 3.  This Act takes effect September 1, 1997.

 3-1           SECTION 4.  The importance of this legislation and the

 3-2     crowded condition of the calendars in both houses create an

 3-3     emergency and an imperative public necessity that the

 3-4     constitutional rule requiring bills to be read on three several

 3-5     days in each house be suspended, and this rule is hereby suspended.