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A BILL TO BE ENTITLED
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AN ACT
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relating to certain civil consequences of engaging in organized |
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crime. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subdivision (2), Article 59.01, Code of Criminal |
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Procedure, as amended by Chapters 127 (S.B. 1694), 822 (H.B. 73), |
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and 885 (H.B. 2278), Acts of the 80th Legislature, Regular Session, |
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2007, is 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 Chapter 71, Penal |
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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. PROPERTY USED FOR ORGANIZED CRIMINAL ACTIVITY. |
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If 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. The change in law made by this Act applies only |
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to the forfeiture of property used in the commission of an offense |
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committed on or after the effective date of this Act. Forfeiture of |
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property used in the commission of an offense committed before the |
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effective date of this Act is governed by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose. For purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2009. |
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COMMITTEE AMENDMENT NO. |
1 |
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Amend SB 371 as follows: |
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SECTION 1. Add "or" after "Business & Commerce Code;", line |
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20 page 2. Add section "(xi) any offense under Section |
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46.06(a)(1), Penal Code;" between lines 22 and 23 before section |
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(C), page 2. Strike "or (x)" on line 25 on page 2 and again on line 2 |
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of page 3, and replace with ", (x), or (xi)". |
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SECTION 2. Strike the title of Article 59.011 on line 9 of |
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page 3 and replace with "ELECTION OF FORFEITURE PROCEEDING". Add |
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"or (xi)" after "Article 59.01(2)(B)(x)" on line 10 on page 3. |
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Strike "provision" at the end of line 12, page 3, and replace with |
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"this chapter or that article". |
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Moody |