Bill Text: TX HB259 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to forfeiture of property used in the commission of certain littering offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-04-20 - Left pending in committee [HB259 Detail]
Download: Texas-2015-HB259-Introduced.html
84R1445 JRR-D | ||
By: Miles | H.B. No. 259 |
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relating to forfeiture of property used in the commission of | ||
certain littering offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 59.01(2), Code of Criminal Procedure, as | ||
amended by Chapters 427 (S.B. 529) and 1357 (S.B. 1451), Acts of the | ||
83rd Legislature, Regular Session, 2013, is reenacted and 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), | ||
20.05, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33, 33A, or | ||
35, Penal Code; | ||
(iii) any felony under The Securities Act | ||
(Article 581-1 et seq., Vernon's Texas Civil Statutes); or | ||
(iv) 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 34, Penal | ||
Code; | ||
(v) an offense [ |
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under Subchapter B, Chapter 365, Health and Safety Code, that is: | ||
(a) a felony; or | ||
(b) a Class A misdemeanor, 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 the state Medicaid program; | ||
(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, | ||
Penal Code; or | ||
(xiii) [ |
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326.002, Business & Commerce Code; | ||
(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), or (xi) 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), | ||
or (xi) 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 | ||
43.25, Penal Code; or | ||
(F) used to facilitate or intended to be used to | ||
facilitate the commission of a felony under Section 20A.02 or | ||
Chapter 43, Penal Code. | ||
SECTION 2. Section 365.012(i), Health and Safety Code, is | ||
amended to read as follows: | ||
(i) On conviction for any misdemeanor [ |
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this section, the court shall provide to the defendant written | ||
notice that a subsequent conviction for an offense under this | ||
section may result in the forfeiture under Chapter 59, Code of | ||
Criminal Procedure, of the vehicle used by the defendant in | ||
committing the offense. | ||
SECTION 3. 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 occurred | ||
before that date. | ||
SECTION 4. This Act takes effect September 1, 2015. |