HBA-KMH H.B. 1011 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1011 By: Hamric Criminal Jurisprudence 3/26/1999 Introduced BACKGROUND AND PURPOSE Current law provides that property classified as "contraband" is subject to seizure and forfeiture under Chapter 59 of the Code of Criminal Procedure. Section 59.01 defines "contraband" as property of any nature, including real, personal, tangible, or intangible that, among other things, is used in the commission of certain offenses such as first or second degree felonies under the Penal Code. Property such as automobiles used in drive-by shootings are not described in the definition of contraband, therefore, they would not be subject to seizure and forfeiture under the statute. H.B. 1011 subjects property used in felonies involving reckless conduct which puts another in danger of serious bodily injury or recklessly discharging a firearm in the direction of another in a habitation, to seizure and forfeiture. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 59.01(2), Code of Criminal Procedure, to add to the definition of "contraband" property used in the commission of a felony under Section 22.05 (Deadly Conduct), Penal Code. Makes conforming and nonsubstantive changes. SECTION 2. Makes application of this Act prospective only as to the forfeiture of contraband used in the commission of and offense under Section 22.05, Penal Code. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.