1-1 AN ACT
1-2 relating to the forfeiture of property used in the commission of
1-3 certain offenses involving children.
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 15.031(b),
1-13 21.11, 38.04, 43.25, or 43.26 or Chapter [Chapters] 29, 30, 31, 32,
1-14 33, 33A, or 35, Penal 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;
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;
2-8 (C) the proceeds gained from the commission of a
2-9 felony listed in Paragraph (A) or (B) of this subdivision or a
2-10 crime of violence; or
2-11 (D) acquired with proceeds gained from the
2-12 commission of a felony listed in Paragraph (A) or (B) of this
2-13 subdivision or a crime of violence.
2-14 SECTION 2. This Act takes effect September 1, 2001, and
2-15 applies only to property that becomes contraband on or after that
2-16 date.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 510 was passed by the House on April
26, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 510 was passed by the Senate on May
17, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor