81R533 UM-F
By: Jackson, Mike S.B. No. 310
A BILL TO BE ENTITLED
AN ACT
relating to the forfeiture of property related to certain gambling
offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 59.01(2), Code of Criminal Procedure, as
amended by Chapters 127 (S.B. 1694), 822 (H.B. 73), and 885 (H.B.
2278), Acts of the 80th Legislature, Regular Session, 2007, is
amended to read as follows:
(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),
20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30,
31, 32, 33, 33A, or 35, Penal Code;
(iii) any felony under The Securities Act
(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
(iv) any offense under Chapter 49, Penal
Code, that is punishable as a felony of the third degree or state
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
of:
(i) any felony under Chapter 481, Health
and Safety Code (Texas Controlled Substances Act);
(ii) any felony under Chapter 483, Health
and Safety Code;
(iii) a felony under Chapter 153, Finance
Code;
(iv) any felony under Chapter 34, Penal
Code;
(v) a Class A misdemeanor under Subchapter
B, Chapter 365, Health and Safety Code, if the defendant has been
previously convicted twice of an offense under that subchapter;
(vi) any felony under Chapter 152, Finance
Code;
(vii) any felony under Chapter 32, Human
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
involves the state Medicaid program;
(viii) a Class B misdemeanor under Chapter
522, Business & Commerce Code; [or]
(ix) a Class A misdemeanor under Section
35.153, Business & Commerce Code; or
(x) a Class A misdemeanor under Chapter 47,
Penal Code;
(C) the proceeds gained from the commission of a
felony listed in Paragraph (A) or (B) of this subdivision, a
misdemeanor listed in Paragraph (B)(viii) or (x) of this
subdivision, or a crime of violence;
(D) acquired with proceeds gained from the
commission of a felony listed in Paragraph (A) or (B) of this
subdivision, a misdemeanor listed in Paragraph (B)(viii) or (x) of
this subdivision, or a crime of violence; or
(E) used to facilitate or intended to be used to
facilitate the commission of a felony under Section 15.031 or
43.25, Penal Code.
SECTION 2. Chapter 59, Code of Criminal Procedure, is
amended by adding Article 59.011 to read as follows:
Art. 59.011. If property described by Article
59.01(2)(B)(x) is subject to forfeiture under this chapter and
Article 18.18, the attorney representing the state may proceed
under either provision.
SECTION 3. The change in law made by this Act applies only
to the forfeiture of property used in the commission of an offense
committed on or after the effective date of this Act. Forfeiture of
property used in the commission of an offense committed before the
effective date of this Act is governed by the law in effect when the
offense was committed, and the former law is continued in effect for
that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense occurred before that date.
SECTION 4. This Act takes effect September 1, 2009.