HBA-AMW H.B. 510 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 510
By: Olivo
Criminal Jurisprudence
6/5/2001
Enrolled



BACKGROUND AND PURPOSE 

Many sexual offenses against children involve the use of computers and
several of these offenses involve the possession of child pornography or
the enticement of  children over the Internet.  There have been instances
when a perpetrator of a sex crime against a child has served his or her
sentence  and later obtained the same computer used in the crime.  Prior to
the 77th Legislature, property used to commit these offenses was not
considered contraband and was not subject to forfeiture.   House Bill 510
expands the definition of "contraband" to include property involved in the
commission of a felony involving the possession or promotion of child
pornography, indecency with a child, sexual performance by a child, or
certain criminal solicitation of a minor offenses. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 510 amends the Code of Criminal Procedure to expand the
definition of "contraband" to include property that is the proceeds gained
from, property that is acquired with proceeds gained from, or property that
is used in the commission of a felony involving the possession or promotion
of child pornography, indecency with a child, sexual performance by a
child, or certain criminal solicitation of a minor offenses for the purpose
of making such property subject to seizure and forfeiture.  

EFFECTIVE DATE

September 1, 2001.