Bill Text: TX HB2613 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the offense of operation of a stash house and to funding certain crime victim services through the use of money derived from a civil asset forfeiture of contraband related to that offense, human smuggling and trafficking offenses, and certain prostitution offenses; creating a criminal offense.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-04 - Effective on 9/1/19 [HB2613 Detail]
Download: Texas-2019-HB2613-Enrolled.html
H.B. No. 2613 |
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relating to the offense of operation of a stash house and to funding | ||
certain crime victim services through the use of money derived from | ||
a civil asset forfeiture of contraband related to that offense, | ||
human smuggling and trafficking offenses, and certain prostitution | ||
offenses; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 20, Penal Code, is amended by adding | ||
Section 20.07 to read as follows: | ||
Sec. 20.07. OPERATION OF STASH HOUSE. (a) A person commits | ||
an offense if the person knowingly: | ||
(1) uses or permits another to use any real estate, | ||
building, room, tent, vehicle, boat, or other property owned by the | ||
person or under the person's control to commit an offense or to | ||
facilitate the commission of an offense under Section 20.05, 20.06, | ||
20A.02, 20A.03, 43.04, or 43.05; or | ||
(2) rents or leases any property to another, intending | ||
that the property be used as described by Subdivision (1). | ||
(b) An offense under this section is a Class A misdemeanor. | ||
(c) If conduct that constitutes an offense under this | ||
section also constitutes an offense under another law, the actor | ||
may be prosecuted under this section, the other law, or both. | ||
SECTION 2. Article 59.01(2), Code of Criminal Procedure, is | ||
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), | ||
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32, 33, 33A, or 35, Penal Code; | ||
(iii) any felony under Chapter 43, Penal | ||
Code, except as provided by Paragraph (B); | ||
(iv) [ |
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Securities Act (Article 581-1 et seq., Vernon's Texas Civil | ||
Statutes); or | ||
(v) [ |
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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 20A or 34, | ||
Penal Code; | ||
(v) a Class A misdemeanor under Subchapter | ||
B, Chapter 365, Health and Safety Code, 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, [ |
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20.06, 20.07, 43.04, or 43.05, Penal Code; or | ||
(xiii) an offense under Section 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), [ |
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(xii) 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), | ||
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(E) used to facilitate or intended to be used to | ||
facilitate the commission of a felony under Section 15.031 or | ||
Chapter 43 [ |
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(F) used to facilitate or intended to be used to | ||
facilitate the commission of an offense [ |
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20.05, 20.06, or 20.07 [ |
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SECTION 3. Article 59.06, Code of Criminal Procedure, is | ||
amended by adding Subsection (t) to read as follows: | ||
(t)(1) This subsection applies only to contraband for which | ||
forfeiture is authorized with respect to an offense under Section | ||
20.05, 20.06, 20.07, 43.04, or 43.05 or Chapter 20A, Penal Code. | ||
(2) Notwithstanding any other provision of this | ||
article, the gross amount credited to the special fund of the office | ||
of the attorney representing the state or of a law enforcement | ||
agency under Subsection (c) from the forfeiture of contraband | ||
described by Subdivision (1) shall be: | ||
(A) used to provide direct victim services by the | ||
victim services division or other similar division of the office of | ||
the attorney representing the state or of a law enforcement agency, | ||
as applicable; or | ||
(B) used by the office of the attorney | ||
representing the state or of the law enforcement agency to cover the | ||
costs of a contract with a local nonprofit organization to provide | ||
direct services to crime victims. | ||
(3) An expenditure of money in the manner required by | ||
this subsection is considered to be for an official purpose of the | ||
office of the attorney representing the state or for a law | ||
enforcement purpose, as applicable. | ||
SECTION 4. 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 5. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2613 was passed by the House on May 9, | ||
2019, by the following vote: Yeas 138, Nays 6, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2613 was passed by the Senate on May | ||
22, 2019, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |