Texas 2019 - 86th Regular

Texas House Bill HB2613 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2613
	1	+	By: Frullo, Raymond, Muñoz, Jr. H.B. No. 2613
	2	+	(Senate Sponsor - Huffman)
	3	+	(In the Senate - Received from the House May 9, 2019;
	4	+	May 13, 2019, read first time and referred to Committee on State
	5	+	Affairs; May 19, 2019, reported favorably by the following vote:
	6	+	Yeas 8, Nays 0; May 19, 2019, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the offense of operation of a stash house and to funding
6	13		certain crime victim services through the use of money derived from
7	14		a civil asset forfeiture of contraband related to that offense,
8	15		human smuggling and trafficking offenses, and certain prostitution
9	16		offenses; creating a criminal offense.
10	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	18		SECTION 1. Chapter 20, Penal Code, is amended by adding
12	19		Section 20.07 to read as follows:
13	20		Sec. 20.07. OPERATION OF STASH HOUSE. (a) A person commits
14	21		an offense if the person knowingly:
15	22		(1) uses or permits another to use any real estate,
16	23		building, room, tent, vehicle, boat, or other property owned by the
17	24		person or under the person's control to commit an offense or to
18	25		facilitate the commission of an offense under Section 20.05, 20.06,
19	26		20A.02, 20A.03, 43.04, or 43.05; or
20	27		(2) rents or leases any property to another, intending
21	28		that the property be used as described by Subdivision (1).
22	29		(b) An offense under this section is a Class A misdemeanor.
23	30		(c) If conduct that constitutes an offense under this
24	31		section also constitutes an offense under another law, the actor
25	32		may be prosecuted under this section, the other law, or both.
26	33		SECTION 2. Article 59.01(2), Code of Criminal Procedure, is
27	34		amended to read as follows:
28	35		(2) "Contraband" means property of any nature,
29	36		including real, personal, tangible, or intangible, that is:
30	37		(A) used in the commission of:
31	38		(i) any first or second degree felony under
32	39		the Penal Code;
33	40		(ii) any felony under Section 15.031(b),
34	41		[20.05, 20.06,] 21.11, or 38.04[,] or Chapter [43, 20A,] 29, 30, 31,
35	42		32, 33, 33A, or 35, Penal Code;
36	43		(iii) any felony under Chapter 43, Penal
37	44		Code, except as provided by Paragraph (B);
38	45		(iv) [(iii)] any felony under The
39	46		Securities Act (Article 581-1 et seq., Vernon's Texas Civil
40	47		Statutes); or
41	48		(v) [(iv)] any offense under Chapter 49,
42	49		Penal Code, that is punishable as a felony of the third degree or
43	50		state jail felony, if the defendant has been previously convicted
44	51		three times of an offense under that chapter;
45	52		(B) used or intended to be used in the commission
46	53		of:
47	54		(i) any felony under Chapter 481, Health
48	55		and Safety Code (Texas Controlled Substances Act);
49	56		(ii) any felony under Chapter 483, Health
50	57		and Safety Code;
51	58		(iii) a felony under Chapter 151, Finance
52	59		Code;
53	60		(iv) any felony under Chapter 20A or 34,
54	61		Penal Code;
55	62		(v) a Class A misdemeanor under Subchapter
56	63		B, Chapter 365, Health and Safety Code, if the defendant has been
57	64		previously convicted twice of an offense under that subchapter;
58	65		(vi) any felony under Chapter 32, Human
59	66		Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
60	67		involves the state Medicaid program;
61	68		(vii) a Class B misdemeanor under Chapter
62	69		522, Business & Commerce Code;
63	70		(viii) a Class A misdemeanor under Section
64	71		306.051, Business & Commerce Code;
65	72		(ix) any offense under Section 42.10, Penal
66	73		Code;
67	74		(x) any offense under Section 46.06(a)(1)
68	75		or 46.14, Penal Code;
69	76		(xi) any offense under Chapter 71, Penal
70	77		Code;
71	78		(xii) any offense under Section 20.05, [or]
72	79		20.06, 20.07, 43.04, or 43.05, Penal Code; or
73	80		(xiii) an offense under Section 326.002,
74	81		Business & Commerce Code;
75	82		(C) the proceeds gained from the commission of a
76	83		felony listed in Paragraph (A) or (B) of this subdivision, a
77	84		misdemeanor listed in Paragraph (B)(vii), (ix), (x), [or] (xi), or
78	85		(xii) of this subdivision, or a crime of violence;
79	86		(D) acquired with proceeds gained from the
80	87		commission of a felony listed in Paragraph (A) or (B) of this
81	88		subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
82	89		[or] (xi), or (xii) of this subdivision, or a crime of violence;
83	90		(E) used to facilitate or intended to be used to
84	91		facilitate the commission of a felony under Section 15.031 or
85	92		Chapter 43 [43.25], Penal Code; or
86	93		(F) used to facilitate or intended to be used to
87	94		facilitate the commission of an offense [a felony] under Section
88	95		20.05, 20.06, or 20.07 [20A.02] or Chapter 20A [43], Penal Code.
89	96		SECTION 3. Article 59.06, Code of Criminal Procedure, is
90	97		amended by adding Subsection (t) to read as follows:
91	98		(t)(1) This subsection applies only to contraband for which
92	99		forfeiture is authorized with respect to an offense under Section
93	100		20.05, 20.06, 20.07, 43.04, or 43.05 or Chapter 20A, Penal Code.
94	101		(2) Notwithstanding any other provision of this
95	102		article, the gross amount credited to the special fund of the office
96	103		of the attorney representing the state or of a law enforcement
97	104		agency under Subsection (c) from the forfeiture of contraband
98	105		described by Subdivision (1) shall be:
99	106		(A) used to provide direct victim services by the
100	107		victim services division or other similar division of the office of
101	108		the attorney representing the state or of a law enforcement agency,
102	109		as applicable; or
103	110		(B) used by the office of the attorney
104	111		representing the state or of the law enforcement agency to cover the
105	112		costs of a contract with a local nonprofit organization to provide
106	113		direct services to crime victims.
107	114		(3) An expenditure of money in the manner required by
108	115		this subsection is considered to be for an official purpose of the
109	116		office of the attorney representing the state or for a law
110	117		enforcement purpose, as applicable.
111	118		SECTION 4. The change in law made by this Act applies only
112	119		to an offense committed on or after the effective date of this Act.
113	120		An offense committed before the effective date of this Act is
114	121		governed by the law in effect on the date the offense was committed,
115	122		and the former law is continued in effect for that purpose. For
116	123		purposes of this section, an offense was committed before the
117	124		effective date of this Act if any element of the offense occurred
118	125		before that date.
119	126		SECTION 5. This Act takes effect September 1, 2019.
120		-	______________________________ ______________________________
121		-	President of the Senate Speaker of the House
122		-	I certify that H.B. No. 2613 was passed by the House on May 9,
123		-	2019, by the following vote: Yeas 138, Nays 6, 2 present, not
124		-	voting.
125		-	______________________________
126		-	Chief Clerk of the House
127		-	I certify that H.B. No. 2613 was passed by the Senate on May
128		-	22, 2019, by the following vote: Yeas 30, Nays 1.
129		-	______________________________
130		-	Secretary of the Senate
131		-	APPROVED: _____________________
132		-	Date
133		-	_____________________
134		-	Governor
	127	+	* * * * *