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By: Hernandez (Senate Sponsor - Alvarado) |
H.B. No. 402 |
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(In the Senate - Received from the House April 13, 2021; |
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April 14, 2021, read first time and referred to Committee on |
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Criminal Justice; May 6, 2021, reported favorably by the following |
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vote: Yeas 6, Nays 0; May 6, 2021, sent to printer.) |
| Click here to see the committee vote |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of certain funds derived from criminal asset |
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forfeiture to provide services to domestic victims of trafficking. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 59.06, Code of Criminal Procedure, is |
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amended by adding Subsection (u) to read as follows: |
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(u) As a specific exception to Subsection (c) that the funds |
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described by that subsection be used only for the official purposes |
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of the attorney representing the state or for law enforcement |
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purposes, to cover the costs of a contract with a municipal or |
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county program to provide services to domestic victims of |
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trafficking, the attorney representing the state or the head of a |
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law enforcement agency, as applicable, may use any portion of the |
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gross amount credited to the attorney's or agency's special fund |
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under Subsection (c) from the forfeiture of contraband that: |
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(1) is used in the commission of, or used to facilitate |
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or intended to be used to facilitate the commission of, an offense |
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under Chapter 20A, Penal Code; or |
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(2) consists of proceeds gained from the commission |
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of, or property acquired with proceeds gained from the commission |
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of, an offense under Chapter 20A, Penal Code. |
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SECTION 2. The change in law made by this Act in amending |
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Article 59.06, Code of Criminal Procedure, applies to the |
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disposition or use, on or after the effective date of this Act, of |
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proceeds or property received by a law enforcement agency or |
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attorney representing the state under Chapter 59, Code of Criminal |
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Procedure, regardless of whether the receipt of the proceeds or |
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property occurred before, on, or after the effective date of this |
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Act. |
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SECTION 3. This Act takes effect September 1, 2021. |
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