Texas 2023 - 88th Regular

Texas Senate Bill SB1970 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Bettencourt, King S.B. No. 1970
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the prosecution of certain criminal conduct involving a
7	7	reckless driving exhibition or racing on a highway and to the
8	8	forfeiture of contraband as a result of a reckless driving
9	9	exhibition or racing on a highway.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 59.01(2), Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	(2) "Contraband" means property of any nature,
14	14	including real, personal, tangible, or intangible, that is:
15	15	(A) used in the commission of:
16	16	(i) any first or second degree felony under
17	17	the Penal Code;
18	18	(ii) any felony under Section 15.031(b),
19	19	21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal
20	20	Code;
21	21	(iii) any felony under Chapter 43, Penal
22	22	Code, except as provided by Paragraph (B);
23	23	(iv) any felony under The Securities Act
24	24	(Title 12, Government Code); or
25	25	(v) any offense under Chapter 49, Penal
26	26	Code, that is punishable as a felony of the third degree or state
27	27	jail felony, if the defendant has been previously convicted three
28	28	times of an offense under that chapter;
29	29	(B) used or intended to be used in the commission
30	30	of:
31	31	(i) any felony under Chapter 481, Health
32	32	and Safety Code (Texas Controlled Substances Act);
33	33	(ii) any felony under Chapter 483, Health
34	34	and Safety Code;
35	35	(iii) a felony under Chapter 151, Finance
36	36	Code;
37	37	(iv) any felony under Chapter 20A or 34,
38	38	Penal Code;
39	39	(v) a Class A misdemeanor under Subchapter
40	40	B, Chapter 365, Health and Safety Code, if the defendant has been
41	41	previously convicted twice of an offense under that subchapter;
42	42	(vi) any felony under Chapter 32, Human
43	43	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
44	44	involves a health care program, as defined by Section 35A.01, Penal
45	45	Code;
46	46	(vii) a Class B misdemeanor under Chapter
47	47	522, Business & Commerce Code;
48	48	(viii) a Class A misdemeanor under Section
49	49	306.051, Business & Commerce Code;
50	50	(ix) any offense under Section 42.10, Penal
51	51	Code;
52	52	(x) any offense under Section 46.06(a)(1)
53	53	or 46.14, Penal Code;
54	54	(xi) any offense under Chapter 71, Penal
55	55	Code;
56	56	(xii) any offense under Section 20.05,
57	57	20.06, 20.07, 43.04, or 43.05, Penal Code;
58	58	(xiii) an offense under Section 326.002,
59	59	Business & Commerce Code; [or]
60	60	(xiv) [a Class A misdemeanor or] any
61	61	offense [felony] under Section 545.420, Transportation Code[,
62	62	other than a Class A misdemeanor that is classified as a Class A
63	63	misdemeanor based solely on conduct constituting a violation of
64	64	Subsection (e)(2)(B) of that section]; or
65	65	(xv) any offense punishable under Section
66	66	42.03(d) or (e), Penal Code;
67	67	(C) the proceeds gained from the commission of a
68	68	felony listed in Paragraph (A) or (B) of this subdivision, a
69	69	misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), [or]
70	70	(xii), (xiv), or (xv) of this subdivision, or a crime of violence;
71	71	(D) acquired with proceeds gained from the
72	72	commission of a felony listed in Paragraph (A) or (B) of this
73	73	subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
74	74	(xi), [or] (xii), (xiv), or (xv) of this subdivision, or a crime of
75	75	violence;
76	76	(E) used to facilitate or intended to be used to
77	77	facilitate the commission of a felony under Section 15.031 or
78	78	Chapter 43, Penal Code; or
79	79	(F) used to facilitate or intended to be used to
80	80	facilitate the commission of an offense under Section 20.05, 20.06,
81	81	or 20.07 or Chapter 20A, Penal Code.
82	82	SECTION 2. Section 42.03, Penal Code, is amended by adding
83	83	Subsection (g) to read as follows:
84	84	(g) If conduct that constitutes an offense under this
85	85	section also constitutes an offense under any other law, the actor
86	86	may be prosecuted under this section or the other law, but not both.
87	87	SECTION 3. Section 71.02(a), Penal Code, is amended to read
88	88	as follows:
89	89	(a) A person commits an offense if, with the intent to
90	90	establish, maintain, or participate in a combination or in the
91	91	profits of a combination or as a member of a criminal street gang,
92	92	the person commits or conspires to commit one or more of the
93	93	following:
94	94	(1) murder, capital murder, arson, aggravated
95	95	robbery, robbery, burglary, theft, aggravated kidnapping,
96	96	kidnapping, aggravated assault, aggravated sexual assault, sexual
97	97	assault, continuous sexual abuse of young child or disabled
98	98	individual, solicitation of a minor, forgery, deadly conduct,
99	99	assault punishable as a Class A misdemeanor, burglary of a motor
100	100	vehicle, or unauthorized use of a motor vehicle;
101	101	(2) any gambling offense punishable as a Class A
102	102	misdemeanor;
103	103	(3) promotion of prostitution, aggravated promotion
104	104	of prostitution, or compelling prostitution;
105	105	(4) unlawful manufacture, transportation, repair, or
106	106	sale of firearms or prohibited weapons;
107	107	(5) unlawful manufacture, delivery, dispensation, or
108	108	distribution of a controlled substance or dangerous drug, or
109	109	unlawful possession of a controlled substance or dangerous drug
110	110	through forgery, fraud, misrepresentation, or deception;
111	111	(5-a) causing the unlawful delivery, dispensation, or
112	112	distribution of a controlled substance or dangerous drug in
113	113	violation of Subtitle B, Title 3, Occupations Code;
114	114	(6) any unlawful wholesale promotion or possession of
115	115	any obscene material or obscene device with the intent to wholesale
116	116	promote the same;
117	117	(7) any offense under Subchapter B, Chapter 43,
118	118	depicting or involving conduct by or directed toward a child
119	119	younger than 18 years of age;
120	120	(8) any felony offense under Chapter 32;
121	121	(9) any offense under Chapter 36;
122	122	(10) any offense under Chapter 34, 35, or 35A;
123	123	(11) any offense under Section 37.11(a);
124	124	(12) any offense under Chapter 20A;
125	125	(13) any offense under Section 37.10;
126	126	(14) any offense under Section 38.06, 38.07, 38.09, or
127	127	38.11;
128	128	(15) any offense under Section 42.10;
129	129	(16) any offense under Section 46.06(a)(1) or 46.14;
130	130	(17) any offense under Section 20.05 or 20.06;
131	131	(18) any offense under Section 16.02;
132	132	(19) any offense punishable under Section 42.03(d) or
133	133	(e);
134	134	(20) any offense under Section 545.420,
135	135	Transportation Code; or
136	136	(21) [(19)] any offense classified as a felony under
137	137	the Tax Code.
138	138	SECTION 4. The change in law made by this Act applies only
139	139	to an offense committed on or after the effective date of this Act.
140	140	An offense committed before the effective date of this Act is
141	141	governed by the law in effect on the date the offense was committed,
142	142	and the former law is continued in effect for that purpose. For
143	143	purposes of this section, an offense was committed before the
144	144	effective date of this Act if any element of the offense occurred
145	145	before that date.
146	146	SECTION 5. This Act takes effect September 1, 2023.