By: Carona, Shapleigh S.B. No. 2225
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the civil and criminal consequences of engaging in
  certain conduct involving the transporting or transferring of a
  firearm and to creating the offense of firearm smuggling.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.   Chapter 46, Penal Code, is amended by adding
  Section 46.14 to read as follows:
         Sec. 46.14.  FIREARM SMUGGLING.  (a)  A person commits an
  offense if the person knowingly engages in the business of
  transporting or transferring a firearm that the person knows was
  acquired in violation of the laws of any state or of the United
  States.  For purposes of this subsection, a person is considered to
  engage in the business of transporting or transferring a firearm if
  the person engages in that conduct:
               (1)  on more than one occasion; or
               (2)  for profit or any other form of remuneration.
         (b)  An offense under this section is a felony of the third
  degree, unless it is shown on the trial of the offense that the
  offense was committed with respect to three or more firearms in a
  single criminal episode, in which event the offense is a felony of
  the second degree.
         (c)  This section does not apply to a peace officer who is
  engaged in the actual discharge of an official duty.
         (d)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 2.  Subsection (a), Section 71.02, Penal Code, is
  amended to read as follows:
         (a)  A person commits an offense if, with the intent to
  establish, maintain, or participate in a combination or in the
  profits of a combination or as a member of a criminal street gang,
  the person [he] commits or conspires to commit one or more of the
  following:
               (1)  murder, capital murder, arson, aggravated
  robbery, robbery, burglary, theft, aggravated kidnapping,
  kidnapping, aggravated assault, aggravated sexual assault, sexual
  assault, forgery, deadly conduct, assault punishable as a Class A
  misdemeanor, burglary of a motor vehicle, or unauthorized use of a
  motor vehicle;
               (2)  any gambling offense punishable as a Class A
  misdemeanor;
               (3)  promotion of prostitution, aggravated promotion
  of prostitution, or compelling prostitution;
               (4)  unlawful manufacture, transportation, repair, or
  sale of firearms or prohibited weapons;
               (5)  unlawful manufacture, delivery, dispensation, or
  distribution of a controlled substance or dangerous drug, or
  unlawful possession of a controlled substance or dangerous drug
  through forgery, fraud, misrepresentation, or deception;
               (6)  any unlawful wholesale promotion or possession of
  any obscene material or obscene device with the intent to wholesale
  promote the same;
               (7)  any offense under Subchapter B, Chapter 43,
  depicting or involving conduct by or directed toward a child
  younger than 18 years of age;
               (8)  any felony offense under Chapter 32;
               (9)  any offense under Chapter 36;
               (10)  any offense under Chapter 34 or 35;
               (11)  any offense under Section 37.11(a);
               (12)  any offense under Chapter 20A; [or]
               (13)  any offense under Section 37.10; or
               (14)  any offense under Section 46.06(a)(1) or 46.14.
         SECTION 3.  Subdivision (2), Article 59.01, 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 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),
  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 Section 46.06(a)(1)
  or 46.14, 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 4.  Chapter 59, Code of Criminal Procedure, is
  amended by adding Article 59.011 to read as follows:
         Art. 59.011.  ELECTION OF FORFEITURE PROCEEDING.  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 this chapter or
  that article.
         SECTION 5.  The change in law made by this Act in amending
  Subsection (a), Section 71.02, Penal Code, applies only to an
  offense committed on or after the effective date of this Act.  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 6.  Subdivision (2), Article 59.01, Code of Criminal
  Procedure, as amended by this Act, and Article 59.011, Code of
  Criminal Procedure, as added by this Act, apply 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 7.  This Act takes effect September 1, 2009.