| 1 | 1 | | 86R7216 TSS-F |
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| 2 | 2 | | By: Moody H.B. No. 1454 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the disposition of an item bearing a counterfeit |
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| 8 | 8 | | trademark seized in connection with a criminal offense. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 18, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 18.182 to read as follows: |
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| 12 | 12 | | Art. 18.182. DISPOSITION OF ITEM BEARING COUNTERFEIT MARK. |
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| 13 | 13 | | (a) In this article, "counterfeit mark" and "protected mark" have |
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| 14 | 14 | | the meanings assigned by Section 32.23, Penal Code. |
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| 15 | 15 | | (b) Following the final conviction or placement on deferred |
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| 16 | 16 | | adjudication community supervision of a person for an offense under |
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| 17 | 17 | | Section 32.23, Penal Code, the court entering the judgment of |
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| 18 | 18 | | conviction or order of deferred adjudication community supervision |
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| 19 | 19 | | shall order that any item bearing or identified by a counterfeit |
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| 20 | 20 | | mark seized in connection with the offense be: |
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| 21 | 21 | | (1) forfeited to the owner of the protected mark, if |
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| 22 | 22 | | prior to an order disposing of property under this article the owner |
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| 23 | 23 | | of the protected mark requests the return of the item; or |
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| 24 | 24 | | (2) destroyed. |
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| 25 | 25 | | SECTION 2. The change in law made by this Act applies only |
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| 26 | 26 | | to an offense committed on or after the effective date of this Act. |
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| 27 | 27 | | An offense committed before the effective date of this Act is |
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| 28 | 28 | | governed by the law in effect on the date the offense was committed, |
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| 29 | 29 | | and the former law is continued in effect for that purpose. For |
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| 30 | 30 | | purposes of this section, an offense was committed before the |
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| 31 | 31 | | effective date of this Act if any element of the offense was |
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| 32 | 32 | | committed before that date. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2019. |
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