Texas 2009 - 81st Regular

Texas Senate Bill SB2225 Compare Versions

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Old	New	Differences
1	1	S.B. No. 2225
2	2
3	3
4	4	AN ACT
5	5	relating to the civil and criminal consequences of engaging in
6	6	certain conduct involving the transporting or transferring of a
7	7	firearm and to creating the offense of firearm smuggling.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 46, Penal Code, is amended by adding
10	10	Section 46.14 to read as follows:
11	11	Sec. 46.14. FIREARM SMUGGLING. (a) A person commits an
12	12	offense if the person knowingly engages in the business of
13	13	transporting or transferring a firearm that the person knows was
14	14	acquired in violation of the laws of any state or of the United
15	15	States. For purposes of this subsection, a person is considered to
16	16	engage in the business of transporting or transferring a firearm if
17	17	the person engages in that conduct:
18	18	(1) on more than one occasion; or
19	19	(2) for profit or any other form of remuneration.
20	20	(b) An offense under this section is a felony of the third
21	21	degree, unless it is shown on the trial of the offense that the
22	22	offense was committed with respect to three or more firearms in a
23	23	single criminal episode, in which event the offense is a felony of
24	24	the second degree.
25	25	(c) This section does not apply to a peace officer who is
26	26	engaged in the actual discharge of an official duty.
27	27	(d) If conduct that constitutes an offense under this
28	28	section also constitutes an offense under any other law, the actor
29	29	may be prosecuted under this section, the other law, or both.
30	30	SECTION 2. Subsection (a), Section 71.02, Penal Code, is
31	31	amended to read as follows:
32	32	(a) A person commits an offense if, with the intent to
33	33	establish, maintain, or participate in a combination or in the
34	34	profits of a combination or as a member of a criminal street gang,
35	35	the person [he] commits or conspires to commit one or more of the
36	36	following:
37	37	(1) murder, capital murder, arson, aggravated
38	38	robbery, robbery, burglary, theft, aggravated kidnapping,
39	39	kidnapping, aggravated assault, aggravated sexual assault, sexual
40	40	assault, forgery, deadly conduct, assault punishable as a Class A
41	41	misdemeanor, burglary of a motor vehicle, or unauthorized use of a
42	42	motor vehicle;
43	43	(2) any gambling offense punishable as a Class A
44	44	misdemeanor;
45	45	(3) promotion of prostitution, aggravated promotion
46	46	of prostitution, or compelling prostitution;
47	47	(4) unlawful manufacture, transportation, repair, or
48	48	sale of firearms or prohibited weapons;
49	49	(5) unlawful manufacture, delivery, dispensation, or
50	50	distribution of a controlled substance or dangerous drug, or
51	51	unlawful possession of a controlled substance or dangerous drug
52	52	through forgery, fraud, misrepresentation, or deception;
53	53	(6) any unlawful wholesale promotion or possession of
54	54	any obscene material or obscene device with the intent to wholesale
55	55	promote the same;
56	56	(7) any offense under Subchapter B, Chapter 43,
57	57	depicting or involving conduct by or directed toward a child
58	58	younger than 18 years of age;
59	59	(8) any felony offense under Chapter 32;
60	60	(9) any offense under Chapter 36;
61	61	(10) any offense under Chapter 34 or 35;
62	62	(11) any offense under Section 37.11(a);
63	63	(12) any offense under Chapter 20A; [or]
64	64	(13) any offense under Section 37.10; or
65	65	(14) any offense under Section 46.06(a)(1) or 46.14.
66	66	SECTION 3. Subdivision (2), Article 59.01, Code of Criminal
67	67	Procedure, as amended by Chapters 127 (S.B. 1694), 822 (H.B. 73),
68	68	and 885 (H.B. 2278), Acts of the 80th Legislature, Regular Session,
69	69	2007, is reenacted and amended to read as follows:
70	70	(2) "Contraband" means property of any nature,
71	71	including real, personal, tangible, or intangible, that is:
72	72	(A) used in the commission of:
73	73	(i) any first or second degree felony under
74	74	the Penal Code;
75	75	(ii) any felony under Section 15.031(b),
76	76	20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30,
77	77	31, 32, 33, 33A, or 35, Penal Code;
78	78	(iii) any felony under The Securities Act
79	79	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
80	80	(iv) any offense under Chapter 49, Penal
81	81	Code, that is punishable as a felony of the third degree or state
82	82	jail felony, if the defendant has been previously convicted three
83	83	times of an offense under that chapter;
84	84	(B) used or intended to be used in the commission
85	85	of:
86	86	(i) any felony under Chapter 481, Health
87	87	and Safety Code (Texas Controlled Substances Act);
88	88	(ii) any felony under Chapter 483, Health
89	89	and Safety Code;
90	90	(iii) a felony under Chapter 153, Finance
91	91	Code;
92	92	(iv) any felony under Chapter 34, Penal
93	93	Code;
94	94	(v) a Class A misdemeanor under Subchapter
95	95	B, Chapter 365, Health and Safety Code, if the defendant has been
96	96	previously convicted twice of an offense under that subchapter;
97	97	(vi) any felony under Chapter 152, Finance
98	98	Code;
99	99	(vii) any felony under Chapter 32, Human
100	100	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
101	101	involves the state Medicaid program;
102	102	(viii) a Class B misdemeanor under Chapter
103	103	522, Business & Commerce Code; [or]
104	104	(ix) a Class A misdemeanor under Section
105	105	35.153, Business & Commerce Code; or
106	106	(x) any offense under Section 46.06(a)(1)
107	107	or 46.14, Penal Code;
108	108	(C) the proceeds gained from the commission of a
109	109	felony listed in Paragraph (A) or (B) of this subdivision, a
110	110	misdemeanor listed in Paragraph (B)(viii) or (x) of this
111	111	subdivision, or a crime of violence;
112	112	(D) acquired with proceeds gained from the
113	113	commission of a felony listed in Paragraph (A) or (B) of this
114	114	subdivision, a misdemeanor listed in Paragraph (B)(viii) or (x) of
115	115	this subdivision, or a crime of violence; or
116	116	(E) used to facilitate or intended to be used to
117	117	facilitate the commission of a felony under Section 15.031 or
118	118	43.25, Penal Code.
119	119	SECTION 4. Chapter 59, Code of Criminal Procedure, is
120	120	amended by adding Article 59.011 to read as follows:
121	121	Art. 59.011. ELECTION OF FORFEITURE PROCEEDING. If
122	122	property described by Article 59.01(2)(B)(x) is subject to
123	123	forfeiture under this chapter and Article 18.18, the attorney
124	124	representing the state may proceed under either this chapter or
125	125	that article.
126	126	SECTION 5. The change in law made by this Act in amending
127	127	Subsection (a), Section 71.02, Penal Code, applies only to an
128	128	offense committed on or after the effective date of this Act. An
129	129	offense committed before the effective date of this Act is governed
130	130	by the law in effect when the offense was committed, and the former
131	131	law is continued in effect for that purpose. For purposes of this
132	132	section, an offense was committed before the effective date of this
133	133	Act if any element of the offense occurred before that date.
134	134	SECTION 6. Subdivision (2), Article 59.01, Code of Criminal
135	135	Procedure, as amended by this Act, and Article 59.011, Code of
136	136	Criminal Procedure, as added by this Act, apply only to the
137	137	forfeiture of property used in the commission of an offense
138	138	committed on or after the effective date of this Act. Forfeiture of
139	139	property used in the commission of an offense committed before the
140	140	effective date of this Act is governed by the law in effect when the
141	141	offense was committed, and the former law is continued in effect for
142	142	that purpose. For purposes of this section, an offense was
143	143	committed before the effective date of this Act if any element of
144	144	the offense occurred before that date.
145	145	SECTION 7. This Act takes effect September 1, 2009.
146	146	______________________________ ______________________________
147	147	President of the Senate Speaker of the House
148	148	I hereby certify that S.B. No. 2225 passed the Senate on
149	149	April 23, 2009, by the following vote: Yeas 30, Nays 0.
150	150	______________________________
151	151	Secretary of the Senate
152	152	I hereby certify that S.B. No. 2225 passed the House on
153	153	May 13, 2009, by the following vote: Yeas 143, Nays 0, one
154	154	present not voting.
155	155	______________________________
156	156	Chief Clerk of the House
157	157	Approved:
158	158	______________________________
159	159	Date
160	160	______________________________
161	161	Governor