Texas 2009 - 81st Regular

Texas Senate Bill SB310 Compare Versions

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

Old	New	Differences
1	1	81R533 UM-F
2	2	By: Jackson, Mike S.B. No. 310
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the forfeiture of property related to certain gambling
8	8	offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 59.01(2), Code of Criminal Procedure, as
11	11	amended by Chapters 127 (S.B. 1694), 822 (H.B. 73), and 885 (H.B.
12	12	2278), Acts of the 80th Legislature, Regular Session, 2007, is
13	13	amended to read as follows:
14	14	(2) "Contraband" means property of any nature,
15	15	including real, personal, tangible, or intangible, that is:
16	16	(A) used in the commission of:
17	17	(i) any first or second degree felony under
18	18	the Penal Code;
19	19	(ii) any felony under Section 15.031(b),
20	20	20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30,
21	21	31, 32, 33, 33A, or 35, Penal Code;
22	22	(iii) any felony under The Securities Act
23	23	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
24	24	(iv) any offense under Chapter 49, Penal
25	25	Code, that is punishable as a felony of the third degree or state
26	26	jail felony, if the defendant has been previously convicted three
27	27	times of an offense under that chapter;
28	28	(B) used or intended to be used in the commission
29	29	of:
30	30	(i) any felony under Chapter 481, Health
31	31	and Safety Code (Texas Controlled Substances Act);
32	32	(ii) any felony under Chapter 483, Health
33	33	and Safety Code;
34	34	(iii) a felony under Chapter 153, Finance
35	35	Code;
36	36	(iv) any felony under Chapter 34, Penal
37	37	Code;
38	38	(v) a Class A misdemeanor under Subchapter
39	39	B, Chapter 365, Health and Safety Code, if the defendant has been
40	40	previously convicted twice of an offense under that subchapter;
41	41	(vi) any felony under Chapter 152, Finance
42	42	Code;
43	43	(vii) any felony under Chapter 32, Human
44	44	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
45	45	involves the state Medicaid program;
46	46	(viii) a Class B misdemeanor under Chapter
47	47	522, Business & Commerce Code; [or]
48	48	(ix) a Class A misdemeanor under Section
49	49	35.153, Business & Commerce Code; or
50	50	(x) a Class A misdemeanor under Chapter 47,
51	51	Penal Code;
52	52	(C) the proceeds gained from the commission of a
53	53	felony listed in Paragraph (A) or (B) of this subdivision, a
54	54	misdemeanor listed in Paragraph (B)(viii) or (x) of this
55	55	subdivision, or a crime of violence;
56	56	(D) acquired with proceeds gained from the
57	57	commission of a felony listed in Paragraph (A) or (B) of this
58	58	subdivision, a misdemeanor listed in Paragraph (B)(viii) or (x) of
59	59	this subdivision, or a crime of violence; or
60	60	(E) used to facilitate or intended to be used to
61	61	facilitate the commission of a felony under Section 15.031 or
62	62	43.25, Penal Code.
63	63	SECTION 2. Chapter 59, Code of Criminal Procedure, is
64	64	amended by adding Article 59.011 to read as follows:
65	65	Art. 59.011. If property described by Article
66	66	59.01(2)(B)(x) is subject to forfeiture under this chapter and
67	67	Article 18.18, the attorney representing the state may proceed
68	68	under either provision.
69	69	SECTION 3. The change in law made by this Act applies only
70	70	to the forfeiture of property used in the commission of an offense
71	71	committed on or after the effective date of this Act. Forfeiture of
72	72	property used in the commission of an offense committed before the
73	73	effective date of this Act is governed by the law in effect when the
74	74	offense was committed, and the former law is continued in effect for
75	75	that purpose. For purposes of this section, an offense was
76	76	committed before the effective date of this Act if any element of
77	77	the offense occurred before that date.
78	78	SECTION 4. This Act takes effect September 1, 2009.