Bill Text: TX HB2867 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to forfeiture of property used in the commission of certain intoxication offenses.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2013-03-19 - Referred to Criminal Jurisprudence [HB2867 Detail]
Download: Texas-2013-HB2867-Introduced.html
| 83R8257 JSC-D | ||
| By: Carter | H.B. No. 2867 | |
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| relating to forfeiture of property used in the commission of | ||
| certain intoxication offenses. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. 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), | ||
| 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 Section 49.08, Penal | ||
| Code, or any offense under Chapter 49, Penal Code, that is | ||
| punishable under Section 49.09(b), (b-1), (b-2), or (b-4), Penal | ||
| Code [ |
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| (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 153, Finance | ||
| Code; | ||
| (iv) any felony under Chapter 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 152, Finance | ||
| Code; | ||
| (vii) any felony under Chapter 32, Human | ||
| Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that | ||
| involves the state Medicaid program; | ||
| (viii) a Class B misdemeanor under Chapter | ||
| 522, Business & Commerce Code; | ||
| (ix) a Class A misdemeanor under Section | ||
| 306.051, Business & Commerce Code; | ||
| (x) any offense under Section 42.10, Penal | ||
| Code; | ||
| (xi) any offense under Section 46.06(a)(1) | ||
| or 46.14, Penal Code; | ||
| (xii) any offense under Chapter 71, Penal | ||
| Code; or | ||
| (xiii) any offense under Section 20.05, | ||
| Penal 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)(viii), (x), (xi), or (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)(viii), (x), | ||
| (xi), or (xii) 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. 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 3. This Act takes effect September 1, 2013. | ||
