By Hamric H.B. No. 1011
76R4633 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the forfeiture of certain contraband used in the
1-3 commission of a criminal offense.
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 22.05 or
1-13 38.04 or Chapter [Chapters] 29, 30, 31, 32, 33, 33A, or 35, Penal
1-14 Code; or
1-15 (iii) any felony under The Securities Act
1-16 (Article 581-1 et seq., Vernon's Texas Civil Statutes);
1-17 (B) used or intended to be used in the
1-18 commission of:
1-19 (i) any felony under Chapter 481, Health
1-20 and Safety Code (Texas Controlled Substances Act);
1-21 (ii) any felony under Chapter 483, Health
1-22 and Safety Code;
1-23 (iii) a felony under Chapter 153, Finance
1-24 Code [Article 350, Revised Statutes];
2-1 (iv) any felony under Chapter 34, Penal
2-2 Code;
2-3 (v) a Class A misdemeanor under Subchapter
2-4 B, Chapter 365, Health and Safety Code, if the defendant has been
2-5 previously convicted twice of an offense under that subchapter; or
2-6 (vi) any felony under Chapter 152, Finance
2-7 Code [The Sale of Checks Act (Article 489d, Vernon's Texas Civil
2-8 Statutes)];
2-9 (C) the proceeds gained from the commission of a
2-10 felony listed in Paragraph (A) or (B) of this subdivision or a
2-11 crime of violence; or
2-12 (D) acquired with proceeds gained from the
2-13 commission of a felony listed in Paragraph (A) or (B) of this
2-14 subdivision or a crime of violence.
2-15 SECTION 2. (a) The change in law made by this Act applies
2-16 only to the forfeiture of contraband used in the commission of an
2-17 offense under Section 22.05, Penal Code, committed on or after the
2-18 effective date of this Act. For purposes of this section, an
2-19 offense is committed before the effective date of this Act if any
2-20 element of the offense occurs before the effective date.
2-21 (b) Forfeiture of contraband used in the commission of an
2-22 offense under Section 22.05, Penal Code, committed before the
2-23 effective date of this Act is covered by the law in effect when the
2-24 offense was committed, and the former law is continued in effect
2-25 for that purpose.
2-26 SECTION 3. This Act takes effect September 1, 1999.
2-27 SECTION 4. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended.