Bill Text: TX HB1442 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the prosecution of certain criminal conduct involving a reckless driving exhibition or racing on a highway and to the forfeiture of contraband as a result of a reckless driving exhibition.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2023-06-07 - Effective on 9/1/23 [HB1442 Detail]
Download: Texas-2023-HB1442-Enrolled.html
H.B. No. 1442 |
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relating to the prosecution of certain criminal conduct involving a | ||
reckless driving exhibition or racing on a highway and to the | ||
forfeiture of contraband as a result of a reckless driving | ||
exhibition. | ||
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), | ||
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 | ||
(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 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 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, 20.07, 43.04, or 43.05, Penal Code; | ||
(xiii) an offense under Section 326.002, | ||
Business & Commerce Code; [ |
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(xiv) [ |
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offense [ |
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(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), [ |
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(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), [ |
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violence; | ||
(E) used to facilitate or intended to be used to | ||
facilitate the commission of a felony under Section 15.031 or | ||
Chapter 43, Penal Code; or | ||
(F) used to facilitate or intended to be used to | ||
facilitate the commission of an offense under Section 20.05, 20.06, | ||
or 20.07 or Chapter 20A, Penal Code. | ||
SECTION 2. Section 42.03, Penal Code, is amended by adding | ||
Subsection (g) to read as follows: | ||
(g) If conduct that constitutes an offense under this | ||
section also constitutes an offense under any other law, the actor | ||
may be prosecuted under this section or the other law, but not both. | ||
SECTION 3. Section 71.02(a), Penal Code, is amended to read | ||
as follows: | ||
(a) A person commits an offense if, with the intent to | ||
establish, maintain, or participate in a combination or in the | ||
profits of a combination or as a member of a criminal street gang, | ||
the person commits or conspires to commit one or more of the | ||
following: | ||
(1) murder, capital murder, arson, aggravated | ||
robbery, robbery, burglary, theft, aggravated kidnapping, | ||
kidnapping, aggravated assault, aggravated sexual assault, sexual | ||
assault, continuous sexual abuse of young child or disabled | ||
individual, solicitation of a minor, forgery, deadly conduct, | ||
assault punishable as a Class A misdemeanor, burglary of a motor | ||
vehicle, or unauthorized use of a motor vehicle; | ||
(2) any gambling offense punishable as a Class A | ||
misdemeanor; | ||
(3) promotion of prostitution, aggravated promotion | ||
of prostitution, or compelling prostitution; | ||
(4) unlawful manufacture, transportation, repair, or | ||
sale of firearms or prohibited weapons; | ||
(5) unlawful manufacture, delivery, dispensation, or | ||
distribution of a controlled substance or dangerous drug, or | ||
unlawful possession of a controlled substance or dangerous drug | ||
through forgery, fraud, misrepresentation, or deception; | ||
(5-a) causing the unlawful delivery, dispensation, or | ||
distribution of a controlled substance or dangerous drug in | ||
violation of Subtitle B, Title 3, Occupations Code; | ||
(6) any unlawful wholesale promotion or possession of | ||
any obscene material or obscene device with the intent to wholesale | ||
promote the same; | ||
(7) any offense under Subchapter B, Chapter 43, | ||
depicting or involving conduct by or directed toward a child | ||
younger than 18 years of age; | ||
(8) any felony offense under Chapter 32; | ||
(9) any offense under Chapter 36; | ||
(10) any offense under Chapter 34, 35, or 35A; | ||
(11) any offense under Section 37.11(a); | ||
(12) any offense under Chapter 20A; | ||
(13) any offense under Section 37.10; | ||
(14) any offense under Section 38.06, 38.07, 38.09, or | ||
38.11; | ||
(15) any offense under Section 42.10; | ||
(16) any offense under Section 46.06(a)(1) or 46.14; | ||
(17) any offense under Section 20.05 or 20.06; | ||
(18) any offense under Section 16.02; [ |
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(19) any offense punishable under Section 42.03(d) or | ||
(e); | ||
(20) [ |
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the Tax Code; or | ||
(21) any offense under Section 545.420, | ||
Transportation Code. | ||
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, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1442 was passed by the House on April | ||
21, 2023, by the following vote: Yeas 127, Nays 13, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1442 on May 19, 2023, by the following vote: Yeas 132, Nays 1, | ||
3 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1442 was passed by the Senate, with | ||
amendments, on May 15, 2023, by the following vote: Yeas 30, Nays | ||
1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |