| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the offense of operation of a stash house and to the use |
|
|
of proceeds from a civil asset forfeiture of contraband related to |
|
|
that offense and to human smuggling and trafficking offenses to |
|
|
fund certain crime victim services; creating a criminal offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 20, Penal Code, is amended by adding |
|
|
Section 20.07 to read as follows: |
|
|
Sec. 20.07. OPERATION OF STASH HOUSE. (a) A person commits |
|
|
an offense if the person knowingly: |
|
|
(1) uses or permits another to use any real estate, |
|
|
building, room, tent, vehicle, boat, or other property owned by the |
|
|
person or under the person's control to commit an offense or to |
|
|
facilitate the commission of an offense under Section 20.05, 20.06, |
|
|
20A.02, or 20A.03; or |
|
|
(2) rents or leases any property to another, intending |
|
|
that the property be used as described by Subdivision (1). |
|
|
(b) An offense under this section is a Class A misdemeanor. |
|
|
SECTION 2. 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, 20.06,] 21.11, or 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 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 151, Finance |
|
|
Code; |
|
|
(iv) any felony under Chapter 20A or 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 32, Human |
|
|
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that |
|
|
involves the state Medicaid program; |
|
|
(vii) a Class B misdemeanor under Chapter |
|
|
522, Business & Commerce Code; |
|
|
(viii) a Class A misdemeanor under Section |
|
|
306.051, Business & Commerce Code; |
|
|
(ix) any offense under Section 42.10, Penal |
|
|
Code; |
|
|
(x) any offense under Section 46.06(a)(1) |
|
|
or 46.14, Penal Code; |
|
|
(xi) any offense under Chapter 71, Penal |
|
|
Code; |
|
|
(xii) any offense under Section 20.05, [or] |
|
|
20.06, or 20.07, Penal Code; or |
|
|
(xiii) an offense under Section 326.002, |
|
|
Business & Commerce 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)(vii), (ix), (x), [or] (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)(vii), (ix), (x), |
|
|
[or] (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 |
|
|
Chapter 43 [43.25], Penal Code; or |
|
|
(F) used to facilitate or intended to be used to |
|
|
facilitate the commission of an offense [a felony] under Section |
|
|
20.05, 20.06, or 20.07 [20A.02] or Chapter 20A [43], Penal Code. |
|
|
SECTION 3. Article 59.06, Code of Criminal Procedure, is |
|
|
amended by adding Subsection (t) to read as follows: |
|
|
(t)(1) Notwithstanding any other provision of this article, |
|
|
the gross amount credited to the special fund of the office of the |
|
|
attorney representing the state or of a law enforcement agency |
|
|
under Subsection (c) from the forfeiture of contraband that is |
|
|
described by Article 59.01(2)(B)(xii) or (2)(F) or that consists of |
|
|
proceeds gained from the commission of, or property acquired with |
|
|
proceeds gained from the commission of, an offense under Section |
|
|
20.05, 20.06, or 20.07 or Chapter 20A, Penal Code, shall be: |
|
|
(A) used to provide direct victim services by the |
|
|
victim services division or other similar division of the office of |
|
|
the attorney representing the state or of a law enforcement agency, |
|
|
as applicable; or |
|
|
(B) used by the office of the attorney |
|
|
representing the state or of the law enforcement agency to cover the |
|
|
costs of a contract with a local nonprofit organization to provide |
|
|
direct services to crime victims. |
|
|
(2) An expenditure of money in the manner required by |
|
|
this subsection is considered to be for an official purpose of the |
|
|
office of the attorney representing the state or for a law |
|
|
enforcement purpose, as applicable. |
|
|
SECTION 4. 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 5. This Act takes effect September 1, 2019. |