Texas 2021 - 87th Regular

Texas House Bill HB2315 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2315
	1	+	By: Turner of Dallas, et al. H.B. No. 2315
	2	+	(Senate Sponsor - Huffman)
	3	+	(In the Senate - Received from the House April 28, 2021;
	4	+	May 10, 2021, read first time and referred to Committee on Criminal
	5	+	Justice; May 20, 2021, reported favorably by the following vote:
	6	+	Yeas 7, Nays 0; May 20, 2021, 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 forfeiture of contraband relating to the criminal
6	13		offense of racing on a highway.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. (a) Article 59.01(2), Code of Criminal
9	16		Procedure, as effective until January 1, 2022, is amended to read as
10	17		follows:
11	18		(2) "Contraband" means property of any nature,
12	19		including real, personal, tangible, or intangible, that is:
13	20		(A) used in the commission of:
14	21		(i) any first or second degree felony under
15	22		the Penal Code;
16	23		(ii) any felony under Section 15.031(b),
17	24		21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal
18	25		Code;
19	26		(iii) any felony under Chapter 43, Penal
20	27		Code, except as provided by Paragraph (B);
21	28		(iv) any felony under The Securities Act
22	29		(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
23	30		(v) any offense under Chapter 49, Penal
24	31		Code, that is punishable as a felony of the third degree or state
25	32		jail felony, if the defendant has been previously convicted three
26	33		times of an offense under that chapter;
27	34		(B) used or intended to be used in the commission
28	35		of:
29	36		(i) any felony under Chapter 481, Health
30	37		and Safety Code (Texas Controlled Substances Act);
31	38		(ii) any felony under Chapter 483, Health
32	39		and Safety Code;
33	40		(iii) a felony under Chapter 151, Finance
34	41		Code;
35	42		(iv) any felony under Chapter 20A or 34,
36	43		Penal Code;
37	44		(v) a Class A misdemeanor under Subchapter
38	45		B, Chapter 365, Health and Safety Code, if the defendant has been
39	46		previously convicted twice of an offense under that subchapter;
40	47		(vi) any felony under Chapter 32, Human
41	48		Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
42	49		involves a health care program, as defined by Section 35A.01, Penal
43	50		Code;
44	51		(vii) a Class B misdemeanor under Chapter
45	52		522, Business & Commerce Code;
46	53		(viii) a Class A misdemeanor under Section
47	54		306.051, Business & Commerce Code;
48	55		(ix) any offense under Section 42.10, Penal
49	56		Code;
50	57		(x) any offense under Section 46.06(a)(1)
51	58		or 46.14, Penal Code;
52	59		(xi) any offense under Chapter 71, Penal
53	60		Code;
54	61		(xii) any offense under Section 20.05,
55	62		20.06, 20.07, 43.04, or 43.05, Penal Code; [or]
56	63		(xiii) an offense under Section 326.002,
57	64		Business & Commerce Code; or
58	65		(xiv) a Class A misdemeanor or any felony
59	66		under Section 545.420, Transportation Code, other than a Class A
60	67		misdemeanor that is classified as a Class A misdemeanor based
61	68		solely on conduct constituting a violation of Subsection (e)(2)(B)
62	69		of that section;
63	70		(C) the proceeds gained from the commission of a
64	71		felony listed in Paragraph (A) or (B) of this subdivision, a
65	72		misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), or (xii)
66	73		of this subdivision, or a crime of violence;
67	74		(D) acquired with proceeds gained from the
68	75		commission of a felony listed in Paragraph (A) or (B) of this
69	76		subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
70	77		(xi), or (xii) of this subdivision, or a crime of violence;
71	78		(E) used to facilitate or intended to be used to
72	79		facilitate the commission of a felony under Section 15.031 or
73	80		Chapter 43, Penal Code; or
74	81		(F) used to facilitate or intended to be used to
75	82		facilitate the commission of an offense under Section 20.05, 20.06,
76	83		or 20.07 or Chapter 20A, Penal Code.
77	84		(b) Article 59.01(2), Code of Criminal Procedure, as
78	85		effective on January 1, 2022, is amended to read as follows:
79	86		(2) "Contraband" means property of any nature,
80	87		including real, personal, tangible, or intangible, that is:
81	88		(A) used in the commission of:
82	89		(i) any first or second degree felony under
83	90		the Penal Code;
84	91		(ii) any felony under Section 15.031(b),
85	92		21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal
86	93		Code;
87	94		(iii) any felony under Chapter 43, Penal
88	95		Code, except as provided by Paragraph (B);
89	96		(iv) any felony under The Securities Act
90	97		(Title 12, Government Code); or
91	98		(v) any offense under Chapter 49, Penal
92	99		Code, that is punishable as a felony of the third degree or state
93	100		jail felony, if the defendant has been previously convicted three
94	101		times of an offense under that chapter;
95	102		(B) used or intended to be used in the commission
96	103		of:
97	104		(i) any felony under Chapter 481, Health
98	105		and Safety Code (Texas Controlled Substances Act);
99	106		(ii) any felony under Chapter 483, Health
100	107		and Safety Code;
101	108		(iii) a felony under Chapter 151, Finance
102	109		Code;
103	110		(iv) any felony under Chapter 20A or 34,
104	111		Penal Code;
105	112		(v) a Class A misdemeanor under Subchapter
106	113		B, Chapter 365, Health and Safety Code, if the defendant has been
107	114		previously convicted twice of an offense under that subchapter;
108	115		(vi) any felony under Chapter 32, Human
109	116		Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
110	117		involves a health care program, as defined by Section 35A.01, Penal
111	118		Code;
112	119		(vii) a Class B misdemeanor under Chapter
113	120		522, Business & Commerce Code;
114	121		(viii) a Class A misdemeanor under Section
115	122		306.051, Business & Commerce Code;
116	123		(ix) any offense under Section 42.10, Penal
117	124		Code;
118	125		(x) any offense under Section 46.06(a)(1)
119	126		or 46.14, Penal Code;
120	127		(xi) any offense under Chapter 71, Penal
121	128		Code;
122	129		(xii) any offense under Section 20.05,
123	130		20.06, 20.07, 43.04, or 43.05, Penal Code; [or]
124	131		(xiii) an offense under Section 326.002,
125	132		Business & Commerce Code; or
126	133		(xiv) a Class A misdemeanor or any felony
127	134		under Section 545.420, Transportation Code, other than a Class A
128	135		misdemeanor that is classified as a Class A misdemeanor based
129	136		solely on conduct constituting a violation of Subsection (e)(2)(B)
130	137		of that section;
131	138		(C) the proceeds gained from the commission of a
132	139		felony listed in Paragraph (A) or (B) of this subdivision, a
133	140		misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), or (xii)
134	141		of this subdivision, or a crime of violence;
135	142		(D) acquired with proceeds gained from the
136	143		commission of a felony listed in Paragraph (A) or (B) of this
137	144		subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
138	145		(xi), or (xii) of this subdivision, or a crime of violence;
139	146		(E) used to facilitate or intended to be used to
140	147		facilitate the commission of a felony under Section 15.031 or
141	148		Chapter 43, Penal Code; or
142	149		(F) used to facilitate or intended to be used to
143	150		facilitate the commission of an offense under Section 20.05, 20.06,
144	151		or 20.07 or Chapter 20A, Penal Code.
145	152		SECTION 2. The change in law made by this Act applies only
146	153		to property or proceeds seized on or after the effective date of
147	154		this Act. Property or proceeds seized before the effective date of
148	155		this Act are governed by the law in effect on the date the property
149	156		or proceeds were seized, and the former law is continued in effect
150	157		for that purpose. For purposes of this section, property or
151	158		proceeds were seized before the effective date of this Act if any
152	159		portion of the property or proceeds were seized before that date.
153	160		SECTION 3. This Act takes effect September 1, 2021.
154		-	______________________________ ______________________________
155		-	President of the Senate Speaker of the House
156		-	I certify that H.B. No. 2315 was passed by the House on April
157		-	28, 2021, by the following vote: Yeas 107, Nays 34, 1 present, not
158		-	voting; that the House refused to concur in Senate amendments to
159		-	H.B. No. 2315 on May 28, 2021, and requested the appointment of a
160		-	conference committee to consider the differences between the two
161		-	houses; and that the House adopted the conference committee report
162		-	on H.B. No. 2315 on May 30, 2021, by the following vote: Yeas 103,
163		-	Nays 40, 2 present, not voting.
164		-	______________________________
165		-	Chief Clerk of the House
166		-	I certify that H.B. No. 2315 was passed by the Senate, with
167		-	amendments, on May 26, 2021, by the following vote: Yeas 26, Nays
168		-	5; at the request of the House, the Senate appointed a conference
169		-	committee to consider the differences between the two houses; and
170		-	that the Senate adopted the conference committee report on H.B. No.
171		-	2315 on May 30, 2021, by the following vote: Yeas 25, Nays 6.
172		-	______________________________
173		-	Secretary of the Senate
174		-	APPROVED: __________________
175		-	Date
176		-	__________________
177		-	Governor
	161	+	* * * * *