Texas 2023 - 88th Regular

Texas House Bill HB1442 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1442
2	2
3	3
4	4	AN ACT
5	5	relating to the prosecution of certain criminal conduct involving a
6	6	reckless driving exhibition or racing on a highway and to the
7	7	forfeiture of contraband as a result of a reckless driving
8	8	exhibition.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 59.01(2), Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	(2) "Contraband" means property of any nature,
13	13	including real, personal, tangible, or intangible, that is:
14	14	(A) used in the commission of:
15	15	(i) any first or second degree felony under
16	16	the Penal Code;
17	17	(ii) any felony under Section 15.031(b),
18	18	21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal
19	19	Code;
20	20	(iii) any felony under Chapter 43, Penal
21	21	Code, except as provided by Paragraph (B);
22	22	(iv) any felony under The Securities Act
23	23	(Title 12, Government Code); or
24	24	(v) any offense under Chapter 49, Penal
25	25	Code, that is punishable as a felony of the third degree or state
26	26	jail felony, if the defendant has been previously convicted three
27	27	times of an offense under that chapter;
28	28	(B) used or intended to be used in the commission
29	29	of:
30	30	(i) any felony under Chapter 481, Health
31	31	and Safety Code (Texas Controlled Substances Act);
32	32	(ii) any felony under Chapter 483, Health
33	33	and Safety Code;
34	34	(iii) a felony under Chapter 151, Finance
35	35	Code;
36	36	(iv) any felony under Chapter 20A or 34,
37	37	Penal Code;
38	38	(v) a Class A misdemeanor under Subchapter
39	39	B, Chapter 365, Health and Safety Code, if the defendant has been
40	40	previously convicted twice of an offense under that subchapter;
41	41	(vi) any felony under Chapter 32, Human
42	42	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
43	43	involves a health care program, as defined by Section 35A.01, Penal
44	44	Code;
45	45	(vii) a Class B misdemeanor under Chapter
46	46	522, Business & Commerce Code;
47	47	(viii) a Class A misdemeanor under Section
48	48	306.051, Business & Commerce Code;
49	49	(ix) any offense under Section 42.10, Penal
50	50	Code;
51	51	(x) any offense under Section 46.06(a)(1)
52	52	or 46.14, Penal Code;
53	53	(xi) any offense under Chapter 71, Penal
54	54	Code;
55	55	(xii) any offense under Section 20.05,
56	56	20.06, 20.07, 43.04, or 43.05, Penal Code;
57	57	(xiii) an offense under Section 326.002,
58	58	Business & Commerce Code; [or]
59	59	(xiv) [a Class A misdemeanor or] any
60	60	offense [felony] under Section 545.420, Transportation Code[,
61	61	other than a Class A misdemeanor that is classified as a Class A
62	62	misdemeanor based solely on conduct constituting a violation of
63	63	Subsection (e)(2)(B) of that section]; or
64	64	(xv) any offense punishable under Section
65	65	42.03(d) or (e), Penal Code;
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]
69	69	(xii), (xiv), or (xv) 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), (xiv), or (xv) of this subdivision, or a crime of
74	74	violence;
75	75	(E) used to facilitate or intended to be used to
76	76	facilitate the commission of a felony under Section 15.031 or
77	77	Chapter 43, Penal Code; or
78	78	(F) used to facilitate or intended to be used to
79	79	facilitate the commission of an offense under Section 20.05, 20.06,
80	80	or 20.07 or Chapter 20A, Penal Code.
81	81	SECTION 2. Section 42.03, Penal Code, is amended by adding
82	82	Subsection (g) to read as follows:
83	83	(g) If conduct that constitutes an offense under this
84	84	section also constitutes an offense under any other law, the actor
85	85	may be prosecuted under this section or the other law, but not both.
86	86	SECTION 3. Section 71.02(a), Penal Code, is amended to read
87	87	as follows:
88	88	(a) A person commits an offense if, with the intent to
89	89	establish, maintain, or participate in a combination or in the
90	90	profits of a combination or as a member of a criminal street gang,
91	91	the person commits or conspires to commit one or more of the
92	92	following:
93	93	(1) murder, capital murder, arson, aggravated
94	94	robbery, robbery, burglary, theft, aggravated kidnapping,
95	95	kidnapping, aggravated assault, aggravated sexual assault, sexual
96	96	assault, continuous sexual abuse of young child or disabled
97	97	individual, solicitation of a minor, forgery, deadly conduct,
98	98	assault punishable as a Class A misdemeanor, burglary of a motor
99	99	vehicle, or unauthorized use of a motor vehicle;
100	100	(2) any gambling offense punishable as a Class A
101	101	misdemeanor;
102	102	(3) promotion of prostitution, aggravated promotion
103	103	of prostitution, or compelling prostitution;
104	104	(4) unlawful manufacture, transportation, repair, or
105	105	sale of firearms or prohibited weapons;
106	106	(5) unlawful manufacture, delivery, dispensation, or
107	107	distribution of a controlled substance or dangerous drug, or
108	108	unlawful possession of a controlled substance or dangerous drug
109	109	through forgery, fraud, misrepresentation, or deception;
110	110	(5-a) causing the unlawful delivery, dispensation, or
111	111	distribution of a controlled substance or dangerous drug in
112	112	violation of Subtitle B, Title 3, Occupations Code;
113	113	(6) any unlawful wholesale promotion or possession of
114	114	any obscene material or obscene device with the intent to wholesale
115	115	promote the same;
116	116	(7) any offense under Subchapter B, Chapter 43,
117	117	depicting or involving conduct by or directed toward a child
118	118	younger than 18 years of age;
119	119	(8) any felony offense under Chapter 32;
120	120	(9) any offense under Chapter 36;
121	121	(10) any offense under Chapter 34, 35, or 35A;
122	122	(11) any offense under Section 37.11(a);
123	123	(12) any offense under Chapter 20A;
124	124	(13) any offense under Section 37.10;
125	125	(14) any offense under Section 38.06, 38.07, 38.09, or
126	126	38.11;
127	127	(15) any offense under Section 42.10;
128	128	(16) any offense under Section 46.06(a)(1) or 46.14;
129	129	(17) any offense under Section 20.05 or 20.06;
130	130	(18) any offense under Section 16.02; [or]
131	131	(19) any offense punishable under Section 42.03(d) or
132	132	(e);
133	133	(20) [(19)] any offense classified as a felony under
134	134	the Tax Code; or
135	135	(21) any offense under Section 545.420,
136	136	Transportation Code.
137	137	SECTION 4. The change in law made by this Act applies only
138	138	to an offense committed on or after the effective date of this Act.
139	139	An offense committed before the effective date of this Act is
140	140	governed by the law in effect on the date the offense was committed,
141	141	and the former law is continued in effect for that purpose. For
142	142	purposes of this section, an offense was committed before the
143	143	effective date of this Act if any element of the offense occurred
144	144	before that date.
145	145	SECTION 5. This Act takes effect September 1, 2023.
146	146	______________________________ ______________________________
147	147	President of the Senate Speaker of the House
148	148	I certify that H.B. No. 1442 was passed by the House on April
149	149	21, 2023, by the following vote: Yeas 127, Nays 13, 1 present, not
150	150	voting; and that the House concurred in Senate amendments to H.B.
151	151	No. 1442 on May 19, 2023, by the following vote: Yeas 132, Nays 1,
152	152	3 present, not voting.
153	153	______________________________
154	154	Chief Clerk of the House
155	155	I certify that H.B. No. 1442 was passed by the Senate, with
156	156	amendments, on May 15, 2023, by the following vote: Yeas 30, Nays
157	157	1.
158	158	______________________________
159	159	Secretary of the Senate
160	160	APPROVED: __________________
161	161	Date
162	162	__________________
163	163	Governor