Texas 2009 - 81st Regular

Texas House Bill HB4400 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R10279 KEL-F
2	2	By: Martinez Fischer H.B. No. 4400
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the forfeiture of certain contraband.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 59.01(2), Code of Criminal Procedure, as
10	10	amended by Chapters 127 (S.B. 1694), 822 (H.B. 73), and 885 (H.B.
11	11	2278), Acts of the 80th Legislature, Regular Session, 2007, is
12	12	reenacted and amended to read as follows:
13	13	(2) "Contraband" means property of any nature,
14	14	including real, personal, tangible, or intangible, that is:
15	15	(A) used in the commission of:
16	16	(i) any first or second degree felony under
17	17	the Penal Code;
18	18	(ii) any felony under Section 15.031(b),
19	19	20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30,
20	20	31, 32, 33, 33A, or 35, Penal Code;
21	21	(iii) any felony under The Securities Act
22	22	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
23	23	(iv) any offense under Chapter 49, Penal
24	24	Code, that is punishable as a felony of the third degree or state
25	25	jail felony, if the defendant has been previously convicted three
26	26	times of an offense under that chapter;
27	27	(B) used or intended to be used in the commission
28	28	of:
29	29	(i) any felony under Chapter 481, Health
30	30	and Safety Code (Texas Controlled Substances Act);
31	31	(ii) any felony under Chapter 483, Health
32	32	and Safety Code;
33	33	(iii) a felony under Chapter 153, Finance
34	34	Code;
35	35	(iv) any felony under Chapter 34, Penal
36	36	Code;
37	37	(v) a Class A misdemeanor under Subchapter
38	38	B, Chapter 365, Health and Safety Code, if the defendant has been
39	39	previously convicted twice of an offense under that subchapter;
40	40	(vi) any felony under Chapter 152, Finance
41	41	Code;
42	42	(vii) any felony under Chapter 32, Human
43	43	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
44	44	involves the state Medicaid program;
45	45	(viii) a Class B misdemeanor under Chapter
46	46	522, Business & Commerce Code; [or]
47	47	(ix) a Class A misdemeanor under Section
48	48	35.153, Business & Commerce Code; or
49	49	(x) any offense under Section 545.420,
50	50	Transportation Code;
51	51	(C) the proceeds gained from the commission of a
52	52	felony listed in Paragraph (A) or (B) of this subdivision, a
53	53	misdemeanor listed in Paragraph (B)(viii) or (x) of this
54	54	subdivision, or a crime of violence;
55	55	(D) acquired with proceeds gained from the
56	56	commission of a felony listed in Paragraph (A) or (B) of this
57	57	subdivision, a misdemeanor listed in Paragraph (B)(viii) or (x) of
58	58	this subdivision, or a crime of violence; or
59	59	(E) used to facilitate or intended to be used to
60	60	facilitate the commission of a felony under Section 15.031 or
61	61	43.25, Penal Code.
62	62	SECTION 2. Chapter 59, Code of Criminal Procedure, is
63	63	amended by adding Article 59.011 to read as follows:
64	64	Art. 59.011. ELECTION OF FORFEITURE PROCEEDING. If
65	65	property described by Article 59.01(2)(B)(x) is subject to
66	66	forfeiture under this chapter and Article 18.18, the attorney
67	67	representing the state may proceed under either provision.
68	68	SECTION 3. Article 59.12(c), Code of Criminal Procedure, is
69	69	amended to read as follows:
70	70	(c) Immediately on service of the seizure warrant, the
71	71	regulated financial institution shall take action as necessary to
72	72	segregate the account or assets and shall provide evidence,
73	73	certified by an officer of the institution, of the terms and amount
74	74	of the account or a detailed inventory of the assets to the peace
75	75	officer serving the warrant. Except as otherwise provided by this
76	76	article, a transaction involving an account or assets, other than
77	77	the deposit or reinvestment of interest, dividends, or other
78	78	normally recurring payments on the account or assets that do not
79	79	involve distribution of proceeds to the owner, is not authorized
80	80	unless approved by:
81	81	(1) the court that issued the seizure warrant; or
82	82	(2) [,] if a forfeiture action has been instituted,
83	83	the court in which the forfeiture [that] action is pending.
84	84	SECTION 4. The change in law made by this Act in amending
85	85	Article 59.01(2), Code of Criminal Procedure, and adding Article
86	86	59.011, Code of Criminal Procedure, applies only to the forfeiture
87	87	of property in relation to an offense committed on or after the
88	88	effective date of this Act. Forfeiture of property in relation to
89	89	an offense committed before the effective date of this Act is
90	90	governed by the law in effect when the offense was committed, and
91	91	the former law is continued in effect for that purpose. For
92	92	purposes of this section, an offense was committed before the
93	93	effective date of this Act if any element of the offense occurred
94	94	before that date.
95	95	SECTION 5. This Act takes effect September 1, 2009.