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.