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A BILL TO BE ENTITLED
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AN ACT
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relating to the forfeiture of contraband used in the commission of |
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certain offenses. |
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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 153 (S.B. 2225), 1130 (H.B. 2086), and 1357 |
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(S.B. 554), Acts of the 81st Legislature, Regular Session, 2009, 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 20A, 29, |
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30, 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; or |
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(v) an offense under Chapter 13, 64, 84, or |
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86, Election Code; |
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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; |
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(ix) a Class A misdemeanor under Section |
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306.051, Business & Commerce Code; [or] |
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(x) any offense under Section 42.10, Penal |
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Code; |
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(xi) [(x)] any offense under Section |
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46.06(a)(1) or 46.14, Penal Code; or |
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(xii) [(x)] any offense under Chapter 71, |
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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), (x), (xi), or (xii) |
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[(B)(viii) or (x)] of this 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), (x), |
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(xi), or (xii) [(B)(viii) or (x)] of this subdivision, or a crime of |
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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. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2011. |