H.B. No. 840
AN ACT
relating to the forfeiture of contraband used to facilitate or
intended to be used to facilitate the commission of certain
criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 59.01(1), Code of Criminal Procedure, is
amended to read as follows:
(1) "Attorney representing the state" means the
prosecutor with felony jurisdiction in the county in which a
forfeiture proceeding is held under this chapter or, in a
proceeding for forfeiture of contraband as defined under
Subdivision (2)(B)(v) [(2)(B)(iv)] of this article, the city
attorney of a municipality if the property is seized in that
municipality by a peace officer employed by that municipality and
the governing body of the municipality has approved procedures for
the city attorney acting in a forfeiture proceeding. In a
proceeding for forfeiture of contraband as defined under
Subdivision (2)(B)(vii) of this article, the term includes the
attorney general.
SECTION 2. Article 59.01(2), Code of Criminal Procedure, as
amended by Section 2.141, Chapter 198, Section 17, Chapter 257, and
Section 3, Chapter 649, Acts of the 78th Legislature, Regular
Session, 2003, 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),
21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30, 31, 32,
33, 33A, or 35, Penal Code; or
(iii) any felony under The Securities Act
(Article 581-1 et seq., Vernon's Texas Civil Statutes);
(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; [or]
(vii) any felony under Chapter 31, 32, or
37, Penal Code, that involves the state Medicaid program, or any
felony under Chapter 36, Human Resources Code; or
(viii) [(vii)] a Class B misdemeanor under
Section 35.58, 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)(viii) [(B)(vii)] of this
subdivision, or a crime of violence; [or]
(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)
[(B)(vii)] of this subdivision, or a crime of violence; or
(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.
SECTION 3. The change in law made by this Act in adding
Article 59.01(2)(E), Code of Criminal Procedure, applies only to
the forfeiture of contraband used to facilitate or intended to be
used to facilitate the commission of an offense under Section
15.031 or 43.25, Penal Code, committed on or after the effective
date of this Act. Forfeiture of contraband used to facilitate or
intended to be used to facilitate the commission of an offense under
Section 15.031 or 43.25, Penal Code, committed before the effective
date of this Act is covered by the law in effect when the offense was
committed, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 840 was passed by the House on March
21, 2005, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 840 on May 27, 2005, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 840 was passed by the Senate, with
amendments, on May 24, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor