| 1 | | - | H.B. No. 402 |
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| 1 | + | By: Hernandez (Senate Sponsor - Alvarado) H.B. No. 402 |
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| 2 | + | (In the Senate - Received from the House April 13, 2021; |
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| 3 | + | April 14, 2021, read first time and referred to Committee on |
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| 4 | + | Criminal Justice; May 6, 2021, reported favorably by the following |
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| 5 | + | vote: Yeas 6, Nays 0; May 6, 2021, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to the use of certain funds derived from criminal asset |
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| 6 | 12 | | forfeiture to provide services to domestic victims of trafficking. |
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| 7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 14 | | SECTION 1. Article 59.06, Code of Criminal Procedure, is |
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| 9 | 15 | | amended by adding Subsection (u) to read as follows: |
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| 10 | 16 | | (u) As a specific exception to Subsection (c) that the funds |
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| 11 | 17 | | described by that subsection be used only for the official purposes |
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| 12 | 18 | | of the attorney representing the state or for law enforcement |
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| 13 | 19 | | purposes, to cover the costs of a contract with a municipal or |
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| 14 | 20 | | county program to provide services to domestic victims of |
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| 15 | 21 | | trafficking, the attorney representing the state or the head of a |
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| 16 | 22 | | law enforcement agency, as applicable, may use any portion of the |
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| 17 | 23 | | gross amount credited to the attorney's or agency's special fund |
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| 18 | 24 | | under Subsection (c) from the forfeiture of contraband that: |
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| 19 | 25 | | (1) is used in the commission of, or used to facilitate |
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| 20 | 26 | | or intended to be used to facilitate the commission of, an offense |
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| 21 | 27 | | under Chapter 20A, Penal Code; or |
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| 22 | 28 | | (2) consists of proceeds gained from the commission |
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| 23 | 29 | | of, or property acquired with proceeds gained from the commission |
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| 24 | 30 | | of, an offense under Chapter 20A, Penal Code. |
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| 25 | 31 | | SECTION 2. The change in law made by this Act in amending |
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| 26 | 32 | | Article 59.06, Code of Criminal Procedure, applies to the |
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| 27 | 33 | | disposition or use, on or after the effective date of this Act, of |
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| 28 | 34 | | proceeds or property received by a law enforcement agency or |
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| 29 | 35 | | attorney representing the state under Chapter 59, Code of Criminal |
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| 30 | 36 | | Procedure, regardless of whether the receipt of the proceeds or |
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| 31 | 37 | | property occurred before, on, or after the effective date of this |
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| 32 | 38 | | Act. |
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| 33 | 39 | | SECTION 3. This Act takes effect September 1, 2021. |
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| 34 | | - | ______________________________ ______________________________ |
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| 35 | | - | President of the Senate Speaker of the House |
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| 36 | | - | I certify that H.B. No. 402 was passed by the House on April |
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| 37 | | - | 13, 2021, by the following vote: Yeas 145, Nays 0, 1 present, not |
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| 38 | | - | voting. |
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| 39 | | - | ______________________________ |
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| 40 | | - | Chief Clerk of the House |
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| 41 | | - | I certify that H.B. No. 402 was passed by the Senate on May |
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| 42 | | - | 19, 2021, by the following vote: Yeas 31, Nays 0. |
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| 43 | | - | ______________________________ |
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| 44 | | - | Secretary of the Senate |
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| 45 | | - | APPROVED: _____________________ |
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| 46 | | - | Date |
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| 47 | | - | _____________________ |
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| 48 | | - | Governor |
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| 40 | + | * * * * * |
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