BILL ANALYSIS

H.B. 2309

By: Villalobos

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that currently, asset forfeiture proceedings are primarily handled by local prosecutors in the jurisdiction where the alleged contraband was seized. However, certain types of contraband and proceeds from criminal activities, such as those linked to human trafficking, organized crime, and financial fraud may require state-level intervention due to the complexity and scale of the offenses. The bill author has further informed the committee that there may be gaps in existing forfeiture laws that prevent certain types of property from being seized when linked to criminal activities, potentially allowing offenders to retain illicit gains. H.B. 2309 seeks to address these issues by expanding the definition of "contraband" and by expanding the types of contraband for which the attorney general may act as the prosecutor in forfeiture proceedings.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2309 amends the Code of Criminal Procedure to expand the definition of "contraband" for purposes of provisions governing property subject to seizure and forfeiture to include property of any nature, including real, personal, tangible, or intangible that is used or intended to be used in the commission of any felony public indecency offense.

H.B. 2309 expands the types of contraband for which the attorney general is considered the attorney representing the state in a proceeding for forfeiture of contraband to include property of any nature that meets the following conditions:

· is used or intended to be used in the commission of a felony trafficking of persons offense, felony money laundering offense, or felony public indecency offense;

· is the proceeds gained from the commission or acquired with proceeds gained from the commission of such a felony offense or a felony offense under statutory provisions relating to the state Medicaid program, a felony fraud offense, a felony theft offense, a felony health care fraud offense, or felony perjury and other falsification offense that involves a state or federally funded health care program; or

· is used to facilitate or intended to be used to facilitate the commission of a felony public indecency offense or any trafficking of persons offense.

H.B. 2309 applies only to an offense committed on or after the bill's effective date. An offense committed before that date 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 these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.

EFFECTIVE DATE

September 1, 2025.