79R8537 PEP-D
By: Ellis S.B. No. 992
A BILL TO BE ENTITLED
AN ACT
relating to the forfeiture of certain contraband used in the
commission of certain felony intoxication offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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) any offense under Chapter 49, Penal
Code, that is punishable as a felony of the third degree or state
jail felony, if the defendant has been previously convicted three
times of an offense under that chapter;
(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 35.60 [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 2. Chapter 704, Transportation Code, is repealed.
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 Chapter 49, Penal Code, on or after the effective date of this
Act. Forfeiture of contraband used in the commission of an offense
under Chapter 49, Penal Code, 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 was committed before the effective date
of this Act if any element of the offense was committed before that
date.
SECTION 4. This Act takes effect September 1, 2005.