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.