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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of certain criminal conduct involving a |
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reckless driving exhibition or racing on a highway and to the |
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forfeiture of contraband as a result of a reckless driving |
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exhibition or racing on a highway. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 59.01(2), Code of Criminal Procedure, is |
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amended to read as follows: |
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(2) "Contraband" means property of any nature, |
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including real, personal, tangible, or intangible, that is: |
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(A) used in the commission of: |
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(i) any first or second degree felony under |
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the Penal Code; |
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(ii) any felony under Section 15.031(b), |
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21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal |
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Code; |
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(iii) any felony under Chapter 43, Penal |
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Code, except as provided by Paragraph (B); |
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(iv) any felony under The Securities Act |
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(Title 12, Government Code); or |
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(v) any offense under Chapter 49, Penal |
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Code, that is punishable as a felony of the third degree or state |
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jail felony, if the defendant has been previously convicted three |
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times of an offense under that chapter; |
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(B) used or intended to be used in the commission |
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of: |
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(i) any felony under Chapter 481, Health |
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and Safety Code (Texas Controlled Substances Act); |
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(ii) any felony under Chapter 483, Health |
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and Safety Code; |
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(iii) a felony under Chapter 151, Finance |
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Code; |
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(iv) any felony under Chapter 20A or 34, |
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Penal Code; |
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(v) a Class A misdemeanor under Subchapter |
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B, Chapter 365, Health and Safety Code, if the defendant has been |
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previously convicted twice of an offense under that subchapter; |
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(vi) any felony under Chapter 32, Human |
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Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that |
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involves a health care program, as defined by Section 35A.01, Penal |
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Code; |
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(vii) a Class B misdemeanor under Chapter |
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522, Business & Commerce Code; |
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(viii) a Class A misdemeanor under Section |
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306.051, Business & Commerce Code; |
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(ix) any offense under Section 42.10, Penal |
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Code; |
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(x) any offense under Section 46.06(a)(1) |
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or 46.14, Penal Code; |
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(xi) any offense under Chapter 71, Penal |
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Code; |
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(xii) any offense under Section 20.05, |
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20.06, 20.07, 43.04, or 43.05, Penal Code; |
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(xiii) an offense under Section 326.002, |
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Business & Commerce Code; [or] |
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(xiv) [a Class A misdemeanor or] any |
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offense [felony] under Section 545.420, Transportation Code[, |
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other than a Class A misdemeanor that is classified as a Class A |
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misdemeanor based solely on conduct constituting a violation of |
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Subsection (e)(2)(B) of that section]; or |
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(xv) any offense punishable under Section |
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42.03(d) or (e), Penal Code; |
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(C) the proceeds gained from the commission of a |
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felony listed in Paragraph (A) or (B) of this subdivision, a |
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misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), [or] |
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(xii), (xiv), or (xv) of this subdivision, or a crime of violence; |
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(D) acquired with proceeds gained from the |
Statutes affected:
Introduced: Penal Code 20.05, Penal Code 71.02 (Penal Code 20, Penal Code 71)
Senate Committee Report: Penal Code 20.05, Penal Code 71.02 (Penal Code 20, Penal Code 71)
Engrossed: Penal Code 20.05, Penal Code 71.02 (Penal Code 20, Penal Code 71)