79R776 EMT-F
By: Williams S.B. No. 257
A BILL TO BE ENTITLED
AN ACT
relating to the forfeiture of contraband used or intended to be used
in the commission of certain criminal offenses.
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 the
prosecutor with felony jurisdiction in the county in which a
forfeiture proceeding is held under this chapter 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 the property is seized in that
municipality by a peace officer employed by that municipality and
the governing body of the municipality has approved procedures for
the city attorney acting in a forfeiture proceeding. In a
proceeding for forfeiture of contraband as defined under
Subdivision (2)(B)(vii) of this article, 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 felony under Section 22.021 or
43.25, 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 22.021 or 43.25, Penal Code, committed on or after the
effective date of this Act. Forfeiture of contraband used in the
commission of an offense under Section 22.021 or 43.25, 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.