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Highlights 77th Texas Legislature - Senate

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JURISPRUDENCE<br />

77 th <strong>Texas</strong> <strong>Legislature</strong><br />

Provides that an owner or holder’s rights regarding the property remain in effect during the pendency of<br />

forfeiture proceedings.<br />

Sets out the actions a regulated financial institution may take to comply with a seizure of accounts and<br />

assets, including segregating the accounts at issue.<br />

Authorizes the state to disclose information to state or federal financial institution regulators relating to a<br />

forfeiture action and requires the state to notify the state banking commissioner before taking any forfeiture<br />

action. Makes it a criminal offense punishable by a fine not to exceed $500, a jail term not to exceed 30<br />

days, or both if a regulator knowingly discloses confidential information provided by the state.<br />

Arrest and Adjudication of Misdemeanor Traffic Offenses - S.B. 730<br />

by Senator Harris<br />

House Sponsors: Representatives Thompson and Talton<br />

Sets forth provisions related to circumstances under which a peace officer is required or allowed to issue a<br />

ticket for traffic offenses under the Transportation Code and the code of Criminal Procedure.<br />

Clarifies provisions related to suspension of sentences and deferral of final proceedings in misdemeanor<br />

cases.<br />

Clarifies provision related to driving safety course and motorcycle operator course dismissal.<br />

Proving Computer Crime - S.B. 917<br />

by Senator Shapiro<br />

House Sponsor: Representative Hochberg<br />

Under current law, there are no provisions in regard to computer crime that permit aggregation of benefits<br />

obtained by the perpetrator when a victim is defrauded or harmed or a computer, program, or network is<br />

altered, damaged, or deleted. As a consequence, a person may have committed multiple violations as part<br />

of one scheme or one continuing course of conduct but may only be charged and found guilty of one<br />

separate offense for each discrete violation.<br />

Permits the aggregation of damages or losses incurred in a breach of computer security when those<br />

multiple violations are part of one scheme or one continuing course of conduct.<br />

Provides that in trials involving an allegation of a continuing scheme of fraud or theft alleged to have been<br />

committed against a large class of victims in an aggregate amount or value, it need not be proven by direct<br />

evidence that each alleged victim did not consent or effectively consent to the transaction. Provides that<br />

either direct or circumstantial evidence is sufficient to prove the lack of consent or effective consent.<br />

<strong>Senate</strong> Research Center 192

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