bill letting the attorney general bring forfeiture cases

The text as introduced · 783 words

89R5727 AJZ-D

By: Villalobos
H.B. No. 2309

A BILL TO BE ENTITLED

AN ACT

relating to the forfeiture of certain contraband and the authority

of the attorney general to bring certain forfeiture actions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Articles 59.01(1) and (2), Code of Criminal

Procedure, are 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) 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. The term includes the attorney

general in [ In ] a proceeding for forfeiture of contraband as

defined under :

(A) Subdivision (2)(B)(iv) or (vi);

(B) Subdivision (2)(C) or (D), if the applicable

proceeds were gained from the commission of a felony listed in

Subdivision (2)(B)(iv) or (vi); or

(C) Subdivision (2)(E)(ii) or (F)(ii)

[ Subdivision (2)(B)(vi) of this article, the term includes the

attorney general ].

(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, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal

Code;

(iii) [ any felony under Chapter 43, Penal

Code, except as provided by Paragraph (B);

[ (iv) ] any felony under The Securities Act

(Title 12, Government Code); or

(iv) [ (v) ] 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 152, Finance

Code;

(iv) any felony under Chapter 20A , [ or ] 34,

or 43, 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 a health care program, as defined by Section 35A.01, Penal

Code;

(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,

20.06, or 20.07, [ 43.04, or 43.05, ] Penal Code;

(xiii) an offense under Section 326.002,

Business & Commerce Code;

(xiv) any offense under Section 545.420,

Transportation Code; or

(xv) any offense punishable under Section

42.03(d) or (e), 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)(vii), (ix), (x), (xi), (xii),

(xiv), or (xv) 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),

(xi), (xii), (xiv), or (xv) 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 :

(i) Section 15.031 , Penal Code; or

(ii) Chapter 43, Penal Code; or

(F) used to facilitate or intended to be used to

facilitate the commission of an offense under :

(i) Section 20.05, 20.06, or 20.07 , Penal

Code; or

(ii) Chapter 20A, 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, 2025.