Bill Text: TX HB1454 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the disposition of an item bearing a counterfeit trademark seized in connection with a criminal offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-27 - Referred to Criminal Jurisprudence [HB1454 Detail]
Download: Texas-2019-HB1454-Introduced.html
86R7216 TSS-F | ||
By: Moody | H.B. No. 1454 |
|
||
|
||
relating to the disposition of an item bearing a counterfeit | ||
trademark seized in connection with a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 18, Code of Criminal Procedure, is | ||
amended by adding Article 18.182 to read as follows: | ||
Art. 18.182. DISPOSITION OF ITEM BEARING COUNTERFEIT MARK. | ||
(a) In this article, "counterfeit mark" and "protected mark" have | ||
the meanings assigned by Section 32.23, Penal Code. | ||
(b) Following the final conviction or placement on deferred | ||
adjudication community supervision of a person for an offense under | ||
Section 32.23, Penal Code, the court entering the judgment of | ||
conviction or order of deferred adjudication community supervision | ||
shall order that any item bearing or identified by a counterfeit | ||
mark seized in connection with the offense be: | ||
(1) forfeited to the owner of the protected mark, if | ||
prior to an order disposing of property under this article the owner | ||
of the protected mark requests the return of the item; or | ||
(2) destroyed. | ||
SECTION 2. The change in law made by this Act applies 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 was | ||
committed before that date. | ||
SECTION 3. This Act takes effect September 1, 2019. |