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AN ACT
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relating to the civil and criminal consequences of engaging in |
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certain conduct involving the transporting or transferring of a |
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firearm and to creating the offense of firearm smuggling. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 46, Penal Code, is amended by adding |
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Section 46.14 to read as follows: |
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Sec. 46.14. FIREARM SMUGGLING. (a) A person commits an |
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offense if the person knowingly engages in the business of |
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transporting or transferring a firearm that the person knows was |
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acquired in violation of the laws of any state or of the United |
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States. For purposes of this subsection, a person is considered to |
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engage in the business of transporting or transferring a firearm if |
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the person engages in that conduct: |
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(1) on more than one occasion; or |
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(2) for profit or any other form of remuneration. |
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(b) An offense under this section is a felony of the third |
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degree, unless it is shown on the trial of the offense that the |
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offense was committed with respect to three or more firearms in a |
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single criminal episode, in which event the offense is a felony of |
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the second degree. |
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(c) This section does not apply to a peace officer who is |
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engaged in the actual discharge of an official duty. |
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(d) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 2. Subsection (a), Section 71.02, Penal Code, is |
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amended to read as follows: |
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(a) A person commits an offense if, with the intent to |
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establish, maintain, or participate in a combination or in the |
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profits of a combination or as a member of a criminal street gang, |
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the person [he] commits or conspires to commit one or more of the |
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following: |
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(1) murder, capital murder, arson, aggravated |
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robbery, robbery, burglary, theft, aggravated kidnapping, |
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kidnapping, aggravated assault, aggravated sexual assault, sexual |
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assault, forgery, deadly conduct, assault punishable as a Class A |
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misdemeanor, burglary of a motor vehicle, or unauthorized use of a |
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motor vehicle; |
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(2) any gambling offense punishable as a Class A |
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misdemeanor; |
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(3) promotion of prostitution, aggravated promotion |
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of prostitution, or compelling prostitution; |
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(4) unlawful manufacture, transportation, repair, or |
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sale of firearms or prohibited weapons; |
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(5) unlawful manufacture, delivery, dispensation, or |
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distribution of a controlled substance or dangerous drug, or |
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unlawful possession of a controlled substance or dangerous drug |
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through forgery, fraud, misrepresentation, or deception; |
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(6) any unlawful wholesale promotion or possession of |
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any obscene material or obscene device with the intent to wholesale |
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promote the same; |
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(7) any offense under Subchapter B, Chapter 43, |
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depicting or involving conduct by or directed toward a child |
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younger than 18 years of age; |
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(8) any felony offense under Chapter 32; |
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(9) any offense under Chapter 36; |
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(10) any offense under Chapter 34 or 35; |
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(11) any offense under Section 37.11(a); |
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(12) any offense under Chapter 20A; [or] |
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(13) any offense under Section 37.10; or |
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(14) any offense under Section 46.06(a)(1) or 46.14. |
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SECTION 3. 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 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 46.06(a)(1) |
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or 46.14, Penal 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 4. 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 this chapter or |
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that article. |
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SECTION 5. The change in law made by this Act in amending |
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Subsection (a), Section 71.02, Penal Code, applies only to an |
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offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 6. Subdivision (2), Article 59.01, Code of Criminal |
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Procedure, as amended by this Act, and Article 59.011, Code of |
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Criminal Procedure, as added by this Act, apply only to the |
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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 7. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2225 passed the Senate on |
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April 23, 2009, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2225 passed the House on |
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May 13, 2009, by the following vote: Yeas 143, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |