Texas Code of Criminal Procedure 59.01 – Definitions
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Second degree felony | between 2 and 20 years | up to $10,000 |
| State jail felony | between 180 days and 2 years | up to $10,000 |
| Class A misdemeanor | up to 1 year | up to $4,000 |
| Class B misdemeanor | up to 180 days | up to $2,000 |
Terms Used In Texas Code of Criminal Procedure 59.01
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
In this chapter:
(1) “Attorney representing the state” means the prosecutor with felony jurisdiction in the county in which a forfeiture proceeding is held under this chapter or, in a proceeding for forfeiture of contraband as defined under Subdivision (2)(B)(v) of this article, the city attorney of a municipality if the property is seized in that municipality by a peace officer employed by that municipality and the governing body of the municipality has approved procedures for the city attorney acting in a forfeiture proceeding. In a proceeding for forfeiture of contraband as defined under Subdivision (2)(B)(vi) of this article, the term includes the attorney general.
(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 § 15.031(b), 21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal Code;
(iii) any felony under Chapter 43, Penal Code, except as provided by Paragraph (B);
(iv) any felony under The Securities Act (Title 12, Government Code); or
(v) 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 152, Finance Code;
(iv) any felony under Chapter 20A or 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 32, Human Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that involves a health care program, as defined by Section 35A.01, Penal Code;
(vii) a Class B misdemeanor under Chapter 522, Business & Commerce Code;
(viii) a Class A misdemeanor under § 306.051, Business & Commerce Code;
(ix) any offense under § 42.10, Penal Code;
(x) any offense under § 46.06(a)(1) or 46.14, Penal Code;
(xi) any offense under Chapter 71, Penal Code;
(xii) any offense under § 20.05, 20.06, 20.07, 43.04, or 43.05, Penal Code;
(xiii) an offense under § 326.002, Business & Commerce Code;
(xiv) any offense under § 545.420, Transportation Code; or
(xv) any offense punishable under § 42.03(d) or (e), 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)(vii), (ix), (x), (xi), (xii), (xiv), or (xv) 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)(vii), (ix), (x), (xi), (xii), (xiv), or (xv) of this subdivision, or a crime of violence;
(E) used to facilitate or intended to be used to facilitate the commission of a felony under § 15.031 or Chapter 43, Penal Code; or
(F) used to facilitate or intended to be used to facilitate the commission of an offense under § 20.05, 20.06, or 20.07 or Chapter 20A, Penal Code.
(3) “Crime of violence” means:
(A) any criminal offense defined in the Penal Code or in a federal criminal law that results in a personal injury to a victim; or
(B) an act that is not an offense under the Penal Code involving the operation of a motor vehicle, aircraft, or water vehicle that results in injury or death sustained in a collision caused by a driver in violation of § 550.021, Transportation Code.
(4) “Interest holder” means the bona fide holder of a perfected lien or a perfected security interest in property.
(5) “Law enforcement agency” means an agency of the state or an agency of a political subdivision of the state authorized by law to employ peace officers.
(6) “Owner” means a person who claims an equitable or legal ownership interest in property.
(7) “Proceeds” includes income a person accused or convicted of a crime or the person’s representative or assignee receives from:
(A) a movie, book, magazine article, tape recording, phonographic record, radio or television presentation, telephone service, electronic media format, including an Internet website, or live entertainment in which the crime was reenacted; or
(B) the sale of tangible property the value of which is increased by the notoriety gained from the conviction of an offense by the person accused or convicted of the crime.
(8) “Seizure” means the restraint of property by a peace officer under Article 59.03(a) or (b) of this code, whether the officer restrains the property by physical force or by a display of the officer’s authority, and includes the collection of property or the act of taking possession of property.
(9) “Depository account” means the obligation of a regulated financial institution to pay the account owner under a written agreement, including a checking account, savings account, money market account, time deposit, NOW account, or certificate of deposit.
(10) “Primary state or federal financial institution regulator” means the state or federal regulatory agency that chartered and comprehensively regulates a regulated financial institution.
(11) “Regulated financial institution” means a depository institution chartered by a state or federal government, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.