1-1 By: Olivo, et al. (Senate Sponsor - West) H.B. No. 510
1-2 (In the Senate - Received from the House April 27, 2001;
1-3 April 30, 2001, read first time and referred to Committee on
1-4 Criminal Justice; May 9, 2001, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 9, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the forfeiture of property used in the commission of
1-9 certain offenses involving children.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Article 59.01(2), Code of Criminal Procedure, is
1-12 amended to read as follows:
1-13 (2) "Contraband" means property of any nature,
1-14 including real, personal, tangible, or intangible, that is:
1-15 (A) used in the commission of:
1-16 (i) any first or second degree felony
1-17 under the Penal Code;
1-18 (ii) any felony under Section 15.031(b),
1-19 21.11, 38.04, 43.25, or 43.26 or Chapter [Chapters] 29, 30, 31, 32,
1-20 33, 33A, or 35, Penal Code; or
1-21 (iii) any felony under The Securities Act
1-22 (Article 581-1 et seq., Vernon's Texas Civil Statutes);
1-23 (B) used or intended to be used in the
1-24 commission of:
1-25 (i) any felony under Chapter 481, Health
1-26 and Safety Code (Texas Controlled Substances Act);
1-27 (ii) any felony under Chapter 483, Health
1-28 and Safety Code;
1-29 (iii) a felony under Chapter 153, Finance
1-30 Code;
1-31 (iv) any felony under Chapter 34, Penal
1-32 Code;
1-33 (v) a Class A misdemeanor under Subchapter
1-34 B, Chapter 365, Health and Safety Code, if the defendant has been
1-35 previously convicted twice of an offense under that subchapter; or
1-36 (vi) any felony under Chapter 152, Finance
1-37 Code;
1-38 (C) the proceeds gained from the commission of a
1-39 felony listed in Paragraph (A) or (B) of this subdivision or a
1-40 crime of violence; or
1-41 (D) acquired with proceeds gained from the
1-42 commission of a felony listed in Paragraph (A) or (B) of this
1-43 subdivision or a crime of violence.
1-44 SECTION 2. This Act takes effect September 1, 2001, and
1-45 applies only to property that becomes contraband on or after that
1-46 date.
1-47 * * * * *