By Dutton H.B. No. 899
76R4567 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, 33, 33A, 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 Chapter 153, Finance
2-3 Code [Article 350, Revised 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 Chapter 152, Finance
2-10 Code [The Sale of Checks Act (Article 489d, Vernon's Texas Civil
2-11 Statutes)];
2-12 (C) the proceeds gained from the commission of a
2-13 felony listed in Paragraph (A) or (B) of this subdivision or a
2-14 crime of violence; or
2-15 (D) acquired with proceeds gained from the
2-16 commission of a felony listed in Paragraph (A) or (B) of this
2-17 subdivision or a crime of violence.
2-18 SECTION 2. (a) The change in law made by this Act applies
2-19 only to the forfeiture of contraband used in the commission of an
2-20 offense under Section 43.02(a)(2), Penal Code, committed on or
2-21 after the effective date of this Act. For purposes of this
2-22 section, an offense is committed before the effective date of this
2-23 Act if any element of the offense occurs before the effective date.
2-24 (b) Forfeiture of contraband used in the commission of an
2-25 offense under Section 43.02(a)(2), Penal Code, committed before the
2-26 effective date of this Act is covered by the law in effect when the
2-27 offense was committed, and the former law is continued in effect
3-1 for that purpose.
3-2 SECTION 3. This Act takes effect September 1, 1999.
3-3 SECTION 4. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended.