By Olivo H.B. No. 510
77R3438 ATP-D
A BILL TO BE ENTITLED
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 38.04 or
1-13 43.26 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); or
1-17 (iv) any felony or misdemeanor under
1-18 Section 25.04, Penal Code;
1-19 (B) used or intended to be used in the
1-20 commission of:
1-21 (i) any felony under Chapter 481, Health
1-22 and Safety Code (Texas Controlled Substances Act);
1-23 (ii) any felony under Chapter 483, Health
1-24 and Safety Code;
2-1 (iii) a felony under Chapter 153, Finance
2-2 Code;
2-3 (iv) any felony under Chapter 34, Penal
2-4 Code;
2-5 (v) a Class A misdemeanor under Subchapter
2-6 B, Chapter 365, Health and Safety Code, if the defendant has been
2-7 previously convicted twice of an offense under that subchapter; or
2-8 (vi) any felony under Chapter 152, Finance
2-9 Code;
2-10 (C) the proceeds gained from the commission of a
2-11 felony listed in Paragraph (A) or (B) of this subdivision or a
2-12 crime of violence; or
2-13 (D) acquired with proceeds gained from the
2-14 commission of a felony listed in Paragraph (A) or (B) of this
2-15 subdivision or a crime of violence.
2-16 SECTION 2. This Act takes effect September 1, 2001, and
2-17 applies only to property used in the commission of an offense under
2-18 Section 25.04 or 43.26, Penal Code, if the offense is committed on
2-19 or after that date. Property used in the commission of an offense
2-20 committed before the effective date of this Act is covered by the
2-21 law in effect when the offense was committed, and the former law is
2-22 continued in effect for that purpose. For purposes of this
2-23 section, an offense was committed before the effective date of this
2-24 Act if any element of the offense occurred before that date.