| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain civil consequences of engaging in organized |
|
|
crime. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 59.01(2), Code of Criminal Procedure, as |
|
|
amended by Chapters 127 (S.B. 1694), 822 (H.B. 73), and 885 (H.B. |
|
|
2278), Acts of the 80th Legislature, Regular Session, 2007, is |
|
|
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), |
|
|
20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30, |
|
|
31, 32, 33, 33A, or 35, Penal Code; |
|
|
(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; |
|
|
(vii) any felony under Chapter 32, Human |
|
|
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that |
|
|
involves the state Medicaid program; |
|
|
(viii) a Class B misdemeanor under Chapter |
|
|
522, Business & Commerce Code; [or] |
|
|
(ix) a Class A misdemeanor under Section |
|
|
35.153, Business & Commerce Code; or |
|
|
(x) any offense under Chapter 71, Penal |
|
|
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) or (x) of this |
|
|
subdivision, or a crime of violence; |
|
|
(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) or (x) of |
|
|
this subdivision, or a crime of violence; or |
|
|
(E) used to facilitate or intended to be used to |
|
|
facilitate the commission of a felony under Section 15.031 or |
|
|
43.25, Penal Code. |
|
|
SECTION 2. Chapter 59, Code of Criminal Procedure, is |
|
|
amended by adding Article 59.011 to read as follows: |
|
|
Art. 59.011. If property described by Article |
|
|
59.01(2)(B)(x) is subject to forfeiture under this chapter and |
|
|
Article 18.18, the attorney representing the state may proceed |
|
|
under either provision. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to the forfeiture of property used in the commission of an offense |
|
|
committed on or after the effective date of this Act. Forfeiture of |
|
|
property used in the commission of an offense committed before the |
|
|
effective date of this Act is governed 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 occurred before that date. |
|
|
SECTION 4. This Act takes effect September 1, 2009. |