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AN ACT
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relating to the forfeiture of contraband relating to the criminal |
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offense of racing on a highway. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Article 59.01(2), Code of Criminal |
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Procedure, as effective until January 1, 2022, is amended to read as |
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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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21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal |
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Code; |
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(iii) any felony under Chapter 43, Penal |
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Code, except as provided by Paragraph (B); |
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(iv) 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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(v) 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, Finance |
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Code; |
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(iv) any felony under Chapter 20A or 34, |
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Penal 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 32, Human |
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Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that |
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involves a health care program, as defined by Section 35A.01, Penal |
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Code; |
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(vii) a Class B misdemeanor under Chapter |
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522, Business & Commerce Code; |
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(viii) a Class A misdemeanor under Section |
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306.051, Business & Commerce Code; |
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(ix) any offense under Section 42.10, Penal |
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Code; |
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(x) any offense under Section 46.06(a)(1) |
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or 46.14, Penal Code; |
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(xi) any offense under Chapter 71, Penal |
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Code; |
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(xii) any offense under Section 20.05, |
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20.06, 20.07, 43.04, or 43.05, Penal Code; [or] |
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(xiii) an offense under Section 326.002, |
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Business & Commerce Code; or |
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(xiv) a Class A misdemeanor or any felony |
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under Section 545.420, Transportation Code, other than a Class A |
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misdemeanor that is classified as a Class A misdemeanor based |
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solely on conduct constituting a violation of Subsection (e)(2)(B) |
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of that section; |
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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), (x), (xi), or (xii) |
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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), (x), |
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(xi), or (xii) of this subdivision, or a 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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Chapter 43, 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 an offense under Section 20.05, 20.06, |
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or 20.07 or Chapter 20A, Penal Code. |
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(b) Article 59.01(2), Code of Criminal Procedure, as |
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|
effective on January 1, 2022, is amended to read as follows: |
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|
(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), |
|
|
21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal |
|
|
Code; |
|
|
(iii) any felony under Chapter 43, Penal |
|
|
Code, except as provided by Paragraph (B); |
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|
(iv) any felony under The Securities Act |
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|
(Title 12, Government Code); or |
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|
(v) 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 |
|
|
times of an offense under that chapter; |
|
|
(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); |
|
|
(ii) any felony under Chapter 483, Health |
|
|
and Safety Code; |
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|
(iii) a felony under Chapter 151, Finance |
|
|
Code; |
|
|
(iv) any felony under Chapter 20A or 34, |
|
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Penal 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; |
|
|
(vi) any felony under Chapter 32, Human |
|
|
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that |
|
|
involves a health care program, as defined by Section 35A.01, Penal |
|
|
Code; |
|
|
(vii) a Class B misdemeanor under Chapter |
|
|
522, Business & Commerce Code; |
|
|
(viii) a Class A misdemeanor under Section |
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|
306.051, Business & Commerce Code; |
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|
(ix) any offense under Section 42.10, Penal |
|
|
Code; |
|
|
(x) any offense under Section 46.06(a)(1) |
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|
or 46.14, Penal Code; |
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|
(xi) any offense under Chapter 71, Penal |
|
|
Code; |
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|
(xii) any offense under Section 20.05, |
|
|
20.06, 20.07, 43.04, or 43.05, Penal Code; [or] |
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|
(xiii) an offense under Section 326.002, |
|
|
Business & Commerce Code; or |
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|
(xiv) a Class A misdemeanor or any felony |
|
|
under Section 545.420, Transportation Code, other than a Class A |
|
|
misdemeanor that is classified as a Class A misdemeanor based |
|
|
solely on conduct constituting a violation of Subsection (e)(2)(B) |
|
|
of that section; |
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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), (x), (xi), or (xii) |
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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), (x), |
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(xi), or (xii) of this subdivision, or a 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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|
Chapter 43, 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 an offense under Section 20.05, 20.06, |
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or 20.07 or Chapter 20A, Penal Code. |
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SECTION 2. The change in law made by this Act applies only |
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to property or proceeds seized on or after the effective date of |
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this Act. Property or proceeds seized before the effective date of |
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this Act are governed by the law in effect on the date the property |
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or proceeds were seized, and the former law is continued in effect |
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for that purpose. For purposes of this section, property or |
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proceeds were seized before the effective date of this Act if any |
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portion of the property or proceeds were seized before that date. |
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SECTION 3. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2315 was passed by the House on April |
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28, 2021, by the following vote: Yeas 107, Nays 34, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 2315 on May 28, 2021, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 2315 on May 30, 2021, by the following vote: Yeas 103, |
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Nays 40, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2315 was passed by the Senate, with |
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amendments, on May 26, 2021, by the following vote: Yeas 26, Nays |
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5; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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2315 on May 30, 2021, by the following vote: Yeas 25, Nays 6. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |