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A BILL TO BE ENTITLED
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AN ACT
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relating to the forfeiture of certain contraband. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 59.01(2), Code of Criminal Procedure, as |
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amended by Chapters 127 (S.B. 1694), 822 (H.B. 73), and 885 (H.B. |
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2278), Acts of the 80th Legislature, Regular Session, 2007, is |
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reenacted and amended to read as follows: |
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(2) "Contraband" means property of any nature, |
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including real, personal, tangible, or intangible, that is: |
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(A) used in the commission of: |
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(i) any first or second degree felony under |
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the Penal Code; |
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(ii) any felony under Section 15.031(b), |
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20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30, |
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31, 32, 33, 33A, or 35, Penal Code; |
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(iii) any felony under The Securities Act |
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(Article 581-1 et seq., Vernon's Texas Civil Statutes); or |
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(iv) any offense under Chapter 49, Penal |
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Code, that is punishable as a felony of the third degree or state |
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jail felony, if the defendant has been previously convicted three |
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times of an offense under that chapter; |
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(B) used or intended to be used in the commission |
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of: |
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(i) any felony under Chapter 481, Health |
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and Safety Code (Texas Controlled Substances Act); |
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(ii) any felony under Chapter 483, Health |
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and Safety Code; |
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(iii) a felony under Chapter 153, Finance |
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Code; |
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(iv) any felony under Chapter 34, Penal |
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Code; |
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(v) a Class A misdemeanor under Subchapter |
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B, Chapter 365, Health and Safety Code, if the defendant has been |
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previously convicted twice of an offense under that subchapter; |
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(vi) any felony under Chapter 152, Finance |
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Code; |
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(vii) any felony under Chapter 32, Human |
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Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that |
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involves the state Medicaid program; |
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(viii) a Class B misdemeanor under Chapter |
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522, Business & Commerce Code; [or] |
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(ix) a Class A misdemeanor under Section |
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35.153, Business & Commerce Code; or |
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(x) any offense under Section 545.420, |
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Transportation Code; |
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(C) the proceeds gained from the commission of a |
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felony listed in Paragraph (A) or (B) of this subdivision, a |
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misdemeanor listed in Paragraph (B)(viii) or (x) of this |
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subdivision, or a crime of violence; |
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(D) acquired with proceeds gained from the |
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commission of a felony listed in Paragraph (A) or (B) of this |
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subdivision, a misdemeanor listed in Paragraph (B)(viii) or (x) of |
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this subdivision, or a crime of violence; or |
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(E) used to facilitate or intended to be used to |
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facilitate the commission of a felony under Section 15.031 or |
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43.25, Penal Code. |
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SECTION 2. Chapter 59, Code of Criminal Procedure, is |
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amended by adding Article 59.011 to read as follows: |
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Art. 59.011. ELECTION OF FORFEITURE PROCEEDING. If |
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property described by Article 59.01(2)(B)(x) is subject to |
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forfeiture under this chapter and Article 18.18, the attorney |
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representing the state may proceed under either provision. |
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SECTION 3. Article 59.12(c), Code of Criminal Procedure, is |
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amended to read as follows: |
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(c) Immediately on service of the seizure warrant, the |
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regulated financial institution shall take action as necessary to |
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segregate the account or assets and shall provide evidence, |
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certified by an officer of the institution, of the terms and amount |
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of the account or a detailed inventory of the assets to the peace |
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officer serving the warrant. Except as otherwise provided by this |
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article, a transaction involving an account or assets, other than |
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the deposit or reinvestment of interest, dividends, or other |
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normally recurring payments on the account or assets that do not |
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involve distribution of proceeds to the owner, is not authorized |
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unless approved by: |
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(1) the court that issued the seizure warrant; or |
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(2) [,] if a forfeiture action has been instituted, |
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the court in which the forfeiture [that] action is pending. |
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SECTION 4. The change in law made by this Act in amending |
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Article 59.01(2), Code of Criminal Procedure, and adding Article |
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59.011, Code of Criminal Procedure, applies only to the forfeiture |
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of property in relation to an offense committed on or after the |
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effective date of this Act. Forfeiture of property in relation to |
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an offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2009. |