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79R4362 UM-D

By:  Anchia                                                       H.B. No. 1108



A BILL TO BE ENTITLED

AN ACT

relating to the forfeiture of certain contraband used in the 
commission of offenses involving prostitution.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 59.01(1), Code of Criminal Procedure, is 
amended to read as follows:
		(1)  "Attorney representing the state" means:                          
			(A)  the prosecutor with felony jurisdiction in 
the county in which a forfeiture proceeding is held under this 
chapter;
			(B)  in a proceeding for forfeiture of contraband 
as defined under Subdivision (2)(A)(iv) of this article, the city 
attorney of a municipality if:
				(i)  the property is seized in the 
municipality by a peace officer employed by the municipality;
				(ii)  the governing body of the municipality 
has approved procedures for the city attorney acting in a 
forfeiture proceeding; and
				(iii)  the city attorney accepts 
jurisdiction under this subdivision;
			(C) [or,] in a proceeding for forfeiture of 
contraband as defined under Subdivision (2)(B)(v) [(2)(B)(iv)] of 
this article, the city attorney of a municipality if:
				(i)  the property is seized in that 
municipality by a peace officer employed by that municipality; and
				(ii)  the governing body of the municipality 
has approved procedures for the city attorney acting in a 
forfeiture proceeding; or
			(D)  in [.  In] a proceeding for forfeiture of 
contraband as defined under Subdivision (2)(B)(vii) of this 
article, the prosecutor with felony jurisdiction in the county in 
which the forfeiture proceeding is held under this chapter or [the 
term includes] the attorney general.
	SECTION 2.  Article 59.01(2), Code of Criminal Procedure, as 
amended by Section 2.141, Chapter 198, Section 17, Chapter 257, and 
Section 3, Chapter 649, Acts of the 78th Legislature, Regular 
Session, 2003, is reenacted and amended to read as follows:
		(2)  "Contraband" means property of any nature, 
including real, personal, tangible, or intangible, that is:
			(A)  used in the commission of:                                              
				(i)  any first or second degree felony under 
the Penal Code;              
				(ii)  any felony under Section 15.031(b), 
21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30, 31, 32, 
33, 33A, or 35, Penal Code;  [or]
				(iii)  any felony under The Securities Act 
(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
				(iv)  a misdemeanor under Section 
43.02(a)(2), Penal Code, except that for the purpose of this 
subparagraph only, the property that constitutes contraband is a 
motor vehicle used in the commission of the offense;
			(B)  used or intended to be used in the commission 
of:                     
				(i)  any felony under Chapter 481, Health 
and Safety Code (Texas Controlled Substances Act);
				(ii)  any felony under Chapter 483, Health 
and Safety Code;               
				(iii)  a felony under Chapter 153, Finance 
Code;                          
				(iv)  any felony under Chapter 34, Penal 
Code;                            
				(v)  a Class A misdemeanor under Subchapter 
B, Chapter 365, Health and Safety Code, if the defendant has been 
previously convicted twice of an offense under that subchapter;
				(vi)  any felony under Chapter 152, Finance 
Code; [or]   
				(vii)  any felony under Chapter 31, 32, or 
37, Penal Code, that involves the state Medicaid program, or any 
felony under Chapter 36, Human Resources Code; or
				(viii) [(vii)]  a Class B misdemeanor under 
Section 35.58, Business & Commerce Code;
			(C)  the proceeds gained from the commission of a 
felony listed in Paragraph (A) or (B) of this subdivision, a 
misdemeanor listed in Paragraph (B)(viii) [(B)(vii)] of this 
subdivision, or a crime of violence; or
			(D)  acquired with proceeds gained from the 
commission of a felony listed in Paragraph (A) or (B) of this 
subdivision, a misdemeanor listed in Paragraph (B)(viii)
[(B)(vii)] of this subdivision, or a crime of violence.
	SECTION 3.  The change in law made by this Act applies only 
to the forfeiture of contraband used in the commission of an offense 
under Section 43.02(a)(2), Penal Code, committed on or after the 
effective date of this Act.    Forfeiture of contraband used in the 
commission of an offense under Section 43.02(a)(2), Penal Code, 
committed before the effective date of this Act is covered by the 
law in effect when the offense was committed, and the former law is 
continued in effect for that purpose. For purposes of this section, 
an offense is committed before the effective date of this Act if any 
element of the offense occurs before that date.
	SECTION 4.  This Act takes effect September 1, 2005.