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


Office of House Bill AnalysisH.B. 510
By: Olivo
Criminal Jurisprudence
4/2/2001
Introduced



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.  Under current law, property
used to commit these offenses is not considered contraband and is not
subject to forfeiture.  After a perpetrator of a sex crime against a child
has served his or her sentence, the perpetrator may be able to obtain the
same computer used in the crime.  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 or the
enticement of a child. 

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 or enticement of a child for the purpose of making
such property subject to seizure and forfeiture. 

EFFECTIVE DATE

September 1, 2001.