Texas 2021 - 87th Regular

Texas House Bill HB3478 Compare Versions

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

Old	New	Differences
1	1	87R10526 AJZ-D
2	2	By: Rose H.B. No. 3478
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of the offenses of reckless driving and
8	8	racing on a highway and to the forfeiture of contraband relating to
9	9	that conduct; increasing a criminal penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. This Act shall be known as Olivia's Law.
12	12	SECTION 2. (a) Article 59.01(2), Code of Criminal
13	13	Procedure, as effective until January 1, 2022, is amended to read as
14	14	follows:
15	15	(2) "Contraband" means property of any nature,
16	16	including real, personal, tangible, or intangible, that is:
17	17	(A) used in the commission of:
18	18	(i) any first or second degree felony under
19	19	the Penal Code;
20	20	(ii) any felony under Section 15.031(b),
21	21	21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal
22	22	Code;
23	23	(iii) any felony under Chapter 43, Penal
24	24	Code, except as provided by Paragraph (B);
25	25	(iv) any felony under The Securities Act
26	26	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
27	27	(v) any offense under Chapter 49, Penal
28	28	Code, that is punishable as a felony of the third degree or state
29	29	jail felony, if the defendant has been previously convicted three
30	30	times of an offense under that chapter;
31	31	(B) used or intended to be used in the commission
32	32	of:
33	33	(i) any felony under Chapter 481, Health
34	34	and Safety Code (Texas Controlled Substances Act);
35	35	(ii) any felony under Chapter 483, Health
36	36	and Safety Code;
37	37	(iii) a felony under Chapter 151, Finance
38	38	Code;
39	39	(iv) any felony under Chapter 20A or 34,
40	40	Penal Code;
41	41	(v) a Class A misdemeanor under Subchapter
42	42	B, Chapter 365, Health and Safety Code, if the defendant has been
43	43	previously convicted twice of an offense under that subchapter;
44	44	(vi) any felony under Chapter 32, Human
45	45	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
46	46	involves a health care program, as defined by Section 35A.01, Penal
47	47	Code;
48	48	(vii) a Class B misdemeanor under Chapter
49	49	522, Business & Commerce Code;
50	50	(viii) a Class A misdemeanor under Section
51	51	306.051, Business & Commerce Code;
52	52	(ix) any offense under Section 42.10, Penal
53	53	Code;
54	54	(x) any offense under Section 46.06(a)(1)
55	55	or 46.14, Penal Code;
56	56	(xi) any offense under Chapter 71, Penal
57	57	Code;
58	58	(xii) any offense under Section 20.05,
59	59	20.06, 20.07, 43.04, or 43.05, Penal Code; [or]
60	60	(xiii) an offense under Section 326.002,
61	61	Business & Commerce Code; or
62	62	(xiv) a Class A misdemeanor or any felony
63	63	under Section 545.401 or 545.420, Transportation Code, if the
64	64	defendant has been previously convicted three or more times of an
65	65	offense under either section;
66	66	(C) the proceeds gained from the commission of a
67	67	felony listed in Paragraph (A) or (B) of this subdivision, a
68	68	misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), or (xii)
69	69	of this subdivision, or a crime of violence;
70	70	(D) acquired with proceeds gained from the
71	71	commission of a felony listed in Paragraph (A) or (B) of this
72	72	subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
73	73	(xi), or (xii) of this subdivision, or a crime of violence;
74	74	(E) used to facilitate or intended to be used to
75	75	facilitate the commission of a felony under Section 15.031 or
76	76	Chapter 43, Penal Code; or
77	77	(F) used to facilitate or intended to be used to
78	78	facilitate the commission of an offense under Section 20.05, 20.06,
79	79	or 20.07 or Chapter 20A, Penal Code.
80	80	(b) Article 59.01(2), Code of Criminal Procedure, as
81	81	effective January 1, 2022, is amended to read as follows:
82	82	(2) "Contraband" means property of any nature,
83	83	including real, personal, tangible, or intangible, that is:
84	84	(A) used in the commission of:
85	85	(i) any first or second degree felony under
86	86	the Penal Code;
87	87	(ii) any felony under Section 15.031(b),
88	88	21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal
89	89	Code;
90	90	(iii) any felony under Chapter 43, Penal
91	91	Code, except as provided by Paragraph (B);
92	92	(iv) any felony under The Securities Act
93	93	(Title 12, Government Code); or
94	94	(v) any offense under Chapter 49, Penal
95	95	Code, that is punishable as a felony of the third degree or state
96	96	jail felony, if the defendant has been previously convicted three
97	97	times of an offense under that chapter;
98	98	(B) used or intended to be used in the commission
99	99	of:
100	100	(i) any felony under Chapter 481, Health
101	101	and Safety Code (Texas Controlled Substances Act);
102	102	(ii) any felony under Chapter 483, Health
103	103	and Safety Code;
104	104	(iii) a felony under Chapter 151, Finance
105	105	Code;
106	106	(iv) any felony under Chapter 20A or 34,
107	107	Penal Code;
108	108	(v) a Class A misdemeanor under Subchapter
109	109	B, Chapter 365, Health and Safety Code, if the defendant has been
110	110	previously convicted twice of an offense under that subchapter;
111	111	(vi) any felony under Chapter 32, Human
112	112	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
113	113	involves a health care program, as defined by Section 35A.01, Penal
114	114	Code;
115	115	(vii) a Class B misdemeanor under Chapter
116	116	522, Business & Commerce Code;
117	117	(viii) a Class A misdemeanor under Section
118	118	306.051, Business & Commerce Code;
119	119	(ix) any offense under Section 42.10, Penal
120	120	Code;
121	121	(x) any offense under Section 46.06(a)(1)
122	122	or 46.14, Penal Code;
123	123	(xi) any offense under Chapter 71, Penal
124	124	Code;
125	125	(xii) any offense under Section 20.05,
126	126	20.06, 20.07, 43.04, or 43.05, Penal Code; [or]
127	127	(xiii) an offense under Section 326.002,
128	128	Business & Commerce Code; or
129	129	(xiv) a Class A misdemeanor or any felony
130	130	under Section 545.401 or 545.420, Transportation Code, if the
131	131	defendant has been previously convicted three or more times of an
132	132	offense under either section;
133	133	(C) the proceeds gained from the commission of a
134	134	felony listed in Paragraph (A) or (B) of this subdivision, a
135	135	misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), or (xii)
136	136	of this subdivision, or a crime of violence;
137	137	(D) acquired with proceeds gained from the
138	138	commission of a felony listed in Paragraph (A) or (B) of this
139	139	subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
140	140	(xi), or (xii) of this subdivision, or a crime of violence;
141	141	(E) used to facilitate or intended to be used to
142	142	facilitate the commission of a felony under Section 15.031 or
143	143	Chapter 43, Penal Code; or
144	144	(F) used to facilitate or intended to be used to
145	145	facilitate the commission of an offense under Section 20.05, 20.06,
146	146	or 20.07 or Chapter 20A, Penal Code.
147	147	SECTION 3. Section 545.401, Transportation Code, is amended
148	148	by adding Subsection (a-1) and amending Subsection (b) to read as
149	149	follows:
150	150	(a-1) There is a rebuttable presumption that the registered
151	151	owner of the motor vehicle is the person operating the vehicle at
152	152	the time an offense under this section occurred.
153	153	(b) An offense under this section is a Class B misdemeanor,
154	154	except that the offense is a Class A misdemeanor if the person has
155	155	been previously convicted under this section [punishable by:
156	156	[(1) a fine not to exceed $200;
157	157	[(2) confinement in county jail for not more than 30
158	158	days; or
159	159	[(3) both the fine and the confinement].
160	160	SECTION 4. Section 545.420, Transportation Code, is amended
161	161	by adding Subsection (c) to read as follows:
162	162	(c) There is a rebuttable presumption that the registered
163	163	owner of the motor vehicle is the person operating the vehicle at
164	164	the time an offense under this section occurred.
165	165	SECTION 5. Subchapter C, Chapter 1001, Education Code, is
166	166	amended by adding Section 1001.113 to read as follows:
167	167	Sec. 1001.113. INFORMATION RELATING TO STREET RACING. The
168	168	commission by rule shall require that information relating to the
169	169	dangers and consequences of street racing in violation of Section
170	170	545.420, Transportation Code, be included in the curriculum of each
171	171	driver education and driving safety course.
172	172	SECTION 6. (a) Not later than March 1, 2022, the Texas
173	173	Commission of Licensing and Regulation shall adopt the rules
174	174	required by Section 1001.113, Education Code, as added by this Act.
175	175	(b) Not later than September 1, 2022, each provider of a
176	176	driver education course or driving safety course shall submit the
177	177	curriculum adopted pursuant to Section 1001.113, Education Code, as
178	178	added by this Act, to the Texas Commission of Licensing and
179	179	Regulation for approval.
180	180	SECTION 7. The changes in law made by this Act apply only to
181	181	an offense committed on or after the effective date of this Act. An
182	182	offense committed before the effective date of this Act is governed
183	183	by the law in effect on the date the offense was committed, and the
184	184	former law is continued in effect for that purpose. For purposes of
185	185	this section, an offense was committed before the effective date of
186	186	this Act if any element of the offense occurred before that date.
187	187	SECTION 8. This Act takes effect September 1, 2021.