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A BILL TO BE ENTITLED
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AN ACT
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relating to correcting references in statute to forfeiture of |
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property resulting from violations of offenses involving money |
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transmission or currency exchange. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 59.01(1) and (2), Code of Criminal |
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Procedure, are amended to read as follows: |
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(1) "Attorney representing the state" means the |
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prosecutor with felony jurisdiction in the county in which a |
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forfeiture proceeding is held under this chapter or, in a |
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proceeding for forfeiture of contraband as defined under |
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Subdivision (2)(B)(v) of this article, the city attorney of a |
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municipality if the property is seized in that municipality by a |
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peace officer employed by that municipality and the governing body |
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of the municipality has approved procedures for the city attorney |
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acting in a forfeiture proceeding. In a proceeding for forfeiture |
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of contraband as defined under Subdivision (2)(B)(vi) |
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[(2)(B)(vii)] of this article, the term includes the attorney |
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general. |
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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, or Chapter 43, 20A, 29, 30, 31, 32, 33, 33A, or |
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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 151 [153], |
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Finance 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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(vii) [(viii)] a Class B misdemeanor under |
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Chapter 522, Business & Commerce Code; |
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(viii) [(ix)] a Class A misdemeanor under |
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Section 306.051, Business & Commerce Code; |
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(ix) [(x)] any offense under Section 42.10, |
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Penal Code; |
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(x) [(xi)] any offense under Section |
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46.06(a)(1) or 46.14, Penal Code; |
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(xi) [(xii)] any offense under Chapter 71, |
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Penal Code; or |
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(xii) [(xiii)] any offense under Section |
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20.05, 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)(vii), (ix) [(B)(viii)], (x), or |
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(xi)[, or (xii)] 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)(vii), (ix) |
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[(B)(viii)], (x), or (xi)[, or (xii)] of this subdivision, or a |
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crime of violence; |
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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; or |
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(F) used to facilitate or intended to be used to |
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facilitate the commission of a felony under Section 20A.02 or |
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Chapter 43, Penal Code. |
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SECTION 2. Article 59.011, Code of Criminal Procedure, is |
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amended 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)(ix), (x), or |
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[59.01(2)(B)(x),] (xi)[, or (xii)] is subject to forfeiture under |
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this chapter and Article 18.18, the attorney representing the state |
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may proceed under either this chapter or that article. |
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SECTION 3. Article 59.06(p), Code of Criminal Procedure, is |
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amended to read as follows: |
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(p) Notwithstanding Subsection (a), and to the extent |
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necessary to protect the commission's ability to recover amounts |
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wrongfully obtained by the owner of the property and associated |
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damages and penalties to which the commission may otherwise be |
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entitled by law, the attorney representing the state shall transfer |
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to the Health and Human Services Commission all forfeited property |
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defined as contraband under Article 59.01(2)(B)(vi) |
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[59.01(2)(B)(vii)]. If the forfeited property consists of property |
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other than money or negotiable instruments, the attorney |
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representing the state may, if approved by the commission, sell the |
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property and deliver to the commission the proceeds from the sale, |
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minus costs attributable to the sale. The sale must be conducted in |
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a manner that is reasonably expected to result in receiving the fair |
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market value for the property. |
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SECTION 4. This Act is nonsubstantive in nature and |
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renumbers outdated references in Chapter 59, Code of Criminal |
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Procedure, to the former Chapters 152 and 153, Finance Code. |
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Chapters 152 and 153, Finance Code, were repealed by Chapter 1099 |
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(H.B. 2218), Acts of the 79th Legislature, 2005. The offenses in |
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former Chapters 152 and 153, Finance Code, that were a basis for |
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criminal asset forfeiture were transferred by H.B. 2218 to Chapter |
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151, Finance Code, and this Act corrects the references |
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accordingly. |
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SECTION 5. This Act takes effect September 1, 2013. |