87R10526 AJZ-D
By: Rose H.B. No. 3478
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offenses of reckless driving and
racing on a highway and to the forfeiture of contraband relating to
that conduct; increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as Olivia's Law.
SECTION 2. (a) Article 59.01(2), Code of Criminal
Procedure, as effective until January 1, 2022, 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),
21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal
Code;
(iii) any felony under Chapter 43, Penal
Code, except as provided by Paragraph (B);
(iv) any felony under The Securities Act
(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
(v) 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 151, Finance
Code;
(iv) any felony under Chapter 20A or 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 32, Human
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
involves a health care program, as defined by Section 35A.01, Penal
Code;
(vii) a Class B misdemeanor under Chapter
522, Business & Commerce Code;
(viii) a Class A misdemeanor under Section
306.051, Business & Commerce Code;
(ix) any offense under Section 42.10, Penal
Code;
(x) any offense under Section 46.06(a)(1)
or 46.14, Penal Code;
(xi) any offense under Chapter 71, Penal
Code;
(xii) any offense under Section 20.05,
20.06, 20.07, 43.04, or 43.05, Penal Code; [or]
(xiii) an offense under Section 326.002,
Business & Commerce Code; or
(xiv) a Class A misdemeanor or any felony
under Section 545.401 or 545.420, Transportation Code, if the
defendant has been previously convicted three or more times of an
offense under either section;
(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)(vii), (ix), (x), (xi), or (xii)
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)(vii), (ix), (x),
(xi), or (xii) of this subdivision, or a crime of violence;
(E) used to facilitate or intended to be used to
facilitate the commission of a felony under Section 15.031 or
Chapter 43, Penal Code; or
(F) used to facilitate or intended to be used to
facilitate the commission of an offense under Section 20.05, 20.06,
or 20.07 or Chapter 20A, Penal Code.
(b) Article 59.01(2), Code of Criminal Procedure, as
effective January 1, 2022, 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),
21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal
Code;
(iii) any felony under Chapter 43, Penal
Code, except as provided by Paragraph (B);
(iv) any felony under The Securities Act
(Title 12, Government Code); or
(v) 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 151, Finance
Code;
(iv) any felony under Chapter 20A or 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 32, Human
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
involves a health care program, as defined by Section 35A.01, Penal
Code;
(vii) a Class B misdemeanor under Chapter
522, Business & Commerce Code;
(viii) a Class A misdemeanor under Section
306.051, Business & Commerce Code;
(ix) any offense under Section 42.10, Penal
Code;
(x) any offense under Section 46.06(a)(1)
or 46.14, Penal Code;
(xi) any offense under Chapter 71, Penal
Code;
(xii) any offense under Section 20.05,
20.06, 20.07, 43.04, or 43.05, Penal Code; [or]
(xiii) an offense under Section 326.002,
Business & Commerce Code; or
(xiv) a Class A misdemeanor or any felony
under Section 545.401 or 545.420, Transportation Code, if the
defendant has been previously convicted three or more times of an
offense under either section;
(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)(vii), (ix), (x), (xi), or (xii)
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)(vii), (ix), (x),
(xi), or (xii) of this subdivision, or a crime of violence;
(E) used to facilitate or intended to be used to
facilitate the commission of a felony under Section 15.031 or
Chapter 43, Penal Code; or
(F) used to facilitate or intended to be used to
facilitate the commission of an offense under Section 20.05, 20.06,
or 20.07 or Chapter 20A, Penal Code.
SECTION 3. Section 545.401, Transportation Code, is amended
by adding Subsection (a-1) and amending Subsection (b) to read as
follows:
(a-1) There is a rebuttable presumption that the registered
owner of the motor vehicle is the person operating the vehicle at
the time an offense under this section occurred.
(b) An offense under this section is a Class B misdemeanor,
except that the offense is a Class A misdemeanor if the person has
been previously convicted under this section [punishable by:
[(1) a fine not to exceed $200;
[(2) confinement in county jail for not more than 30
days; or
[(3) both the fine and the confinement].
SECTION 4. Section 545.420, Transportation Code, is amended
by adding Subsection (c) to read as follows:
(c) There is a rebuttable presumption that the registered
owner of the motor vehicle is the person operating the vehicle at
the time an offense under this section occurred.
SECTION 5. Subchapter C, Chapter 1001, Education Code, is
amended by adding Section 1001.113 to read as follows:
Sec. 1001.113. INFORMATION RELATING TO STREET RACING. The
commission by rule shall require that information relating to the
dangers and consequences of street racing in violation of Section
545.420, Transportation Code, be included in the curriculum of each
driver education and driving safety course.
SECTION 6. (a) Not later than March 1, 2022, the Texas
Commission of Licensing and Regulation shall adopt the rules
required by Section 1001.113, Education Code, as added by this Act.
(b) Not later than September 1, 2022, each provider of a
driver education course or driving safety course shall submit the
curriculum adopted pursuant to Section 1001.113, Education Code, as
added by this Act, to the Texas Commission of Licensing and
Regulation for approval.
SECTION 7. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date 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 8. This Act takes effect September 1, 2021.