| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to forfeiture of property used in the commission of |
|
|
certain intoxication offenses. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 59.01(2), Code of Criminal Procedure, 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, or Chapter 43, 20A, 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 Section 49.08, Penal |
|
|
Code, or any offense under Chapter 49, Penal Code, that is |
|
|
punishable under Section 49.09(b), (b-1), (b-2), or (b-4), Penal |
|
|
Code [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; |
|
|
(ix) a Class A misdemeanor under Section |
|
|
306.051, Business & Commerce Code; |
|
|
(x) any offense under Section 42.10, Penal |
|
|
Code; |
|
|
(xi) any offense under Section 46.06(a)(1) |
|
|
or 46.14, Penal Code; |
|
|
(xii) any offense under Chapter 71, Penal |
|
|
Code; or |
|
|
(xiii) any offense under Section 20.05, |
|
|
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), (x), (xi), or (xii) 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), (x), |
|
|
(xi), or (xii) of this subdivision, or a crime of violence; |
|
|
(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; or |
|
|
(F) used to facilitate or intended to be used to |
|
|
facilitate the commission of a felony under Section 20A.02 or |
|
|
Chapter 43, Penal Code. |
|
|
SECTION 2. The change in law made by this Act 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 on the date 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 3. This Act takes effect September 1, 2013. |