81(R) SB 554 - Enrolled version

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�	S.B.�No.�554

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�	AN ACT
�	relating to conduct constituting the offense of dog fighting and to
�	the criminal and civil consequences of committing that offense.
�	��BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
�	��SECTION�1.��Subsections (a), (b), and (e), Section 42.10,
�	Penal Code, are amended to read as follows:
�	��(a)��A person commits an offense if the person [he]
�	intentionally or knowingly:
�	��(1)��causes a dog to fight with another dog;
�	��(2)��participates in the earnings of or operates a
�	facility used for dog fighting;
�	��(3)��uses or permits another to use any real estate,
�	building, room, tent, arena, or other property for dog fighting;
�	��(4)��owns or possesses dog-fighting equipment with the
�	intent that the equipment be used to train a dog for dog fighting or
�	in furtherance of dog fighting;
�	��(5)��owns or trains a dog with the intent that the dog
�	be used in an exhibition of dog fighting; or
�	��(6)�[~~(5)~~]��attends as a spectator an exhibition of dog
�	fighting.
�	��(b)��In this section:
�	��(1)��"Dog[~~, "dog~~] fighting" means any situation in
�	which one dog attacks or fights with another dog.
�	��(2)��"Dog-fighting equipment" has the meaning assigned
�	by Article 18.18(g), Code of Criminal Procedure.
�	��(e)��An offense under Subsection (a)(4), [or] (5), or (6) is
�	a Class A misdemeanor.��An offense under Subsection (a)(1), (2), or
�	(3) is a state jail felony.
�	��SECTION�2.��Subsection (a), Section 71.02, 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,
�	he 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, 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;
�	��(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 or 35;
�	��(11)��any offense under Section 37.11(a);
�	��(12)��any offense under Chapter 20A; [or]
�	��(13)��any offense under Section 37.10; or
�	��(14)��any offense under Section 42.10.
�	��SECTION�3.��Subdivision (2), Article 59.01, Code of Criminal
�	Procedure, as amended by Chapters 127 (S.B. 1694), 822 (H.B. 73),
�	and 885 (H.B. 2278), Acts of the 80th Legislature, Regular Session,
�	2007, 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),
�	20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 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 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 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; [or]
�	��(ix)��a Class A misdemeanor under Section
�	35.153, Business & Commerce Code; or
�	��(x)��any offense under Section 42.10, 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) or (x)�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) or (x)�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�4.��Chapter 59, Code of Criminal Procedure, is
�	amended by adding Article 59.011 to read as follows:
�	��Art.�59.011.��If property described by Article
�	59.01(2)(B)(x) is subject to forfeiture under this chapter and
�	Article 18.18, the attorney representing the state may proceed
�	under either provision.
�	��SECTION�5.��The changes in law made by this Act apply only to
�	an offense committed on or after the effective date of this Act or
�	to the forfeiture of property used in the commission of that
�	offense. �An offense committed before the effective date of this
�	Act, or the forfeiture of property used in the commission of that
�	offense, is governed by the law in effect when 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�6.��This Act takes effect September 1, 2009.
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�	______________________________	______________________________
�	��President of the Senate	Speaker of the House��
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�	��I hereby certify that S.B.�No.�554 passed the Senate on
�	April�2,�2009, by the following vote:��Yeas�31, Nays�0.
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�	______________________________
�	Secretary of the Senate��
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�	��I hereby certify that S.B.�No.�554 passed the House on
�	May�20,�2009, by the following vote:��Yeas�135, Nays�0, one
�	present not voting.
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�	______________________________
�	Chief Clerk of the House��
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�	Approved:
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�	______________________________�
�	��Date
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�	______________________________�
�	��Governor