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


Office of House Bill AnalysisC.S.H.B. 510
By: Olivo
Criminal Jurisprudence
4/12/2001
Committee Report (Substituted)



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.  C.S.H.B. 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

C.S.H.B. 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 510 modifies the original bill by adding property used in the
commission of an offense involving indecency with a child, sexual
performance by a child, and criminal solicitation of a minor to the
definition of "contraband" so that such property is subject to seizure and
forfeiture.  The substitute removes from the definition of "contraband"
property used in the commission of any felony or misdemeanor that involves
enticing a child.