(c) It is a defense to prosecution under this section that the person acted with intent to facilitate the lawful seizure, forfeiture, or disposition of funds or other legitimate law enforcement purpose pursuant to the laws of this state or the United States. (3744)
(d) It is a defense to prosecution under this section that the transaction was necessary to preserve a person's right to representation as guaranteed by the Sixth Amendment of the United States Constitution and by Article 1, Section 10, of the Texas Constitution or that the funds were received as bona fide legal fees by a licensed attorney and at the time of their receipt, the attorney did not have actual knowledge that the funds were derived from criminal activity. (3745)
(e) An offense under this section is: (3746)
(1) a state jail felony if the value of the funds is $2,500 or more but less than $30,000; (3747)
(2) a felony of the third degree if the value of the funds is $30,000 or more but less than $150,000; (3748)
(3) a felony of the second degree if the value of the funds is $150,000 or more but less than $300,000; or (3749)
(4) a felony of the first degree if the value of the funds is $300,000 or more. (3750)
(f) For purposes of this section, if proceeds of criminal activity are related to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the value of the proceeds aggregated in determining the classification of the offense. (3751)
(g) For purposes of this section, funds on deposit at a branch of a financial institution are considered the property of that branch and any other branch of the financial institution. (3752)
(h) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. (3753)
Added by Acts 1993, 73rd Leg., ch. 761, Sec. 2, eff. Sept. 1, 1993. (3754)
Amended by: (3755)
Acts 2005, 79th Leg., Ch. 1162 (H.B. 3376), Sec. 2, eff. September 1, 2005. (3756)
Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 24, eff. September 1, 2015. (3757)
Notwithstanding Section 1.03(c), a financial institution or an agent of the financial institution acting in a manner described by Section 34.02(c) is not liable for civil damages to a person who: (3759)
(1) claims an ownership interest in funds involved in an offense under Section 34.02; or (3760)
(2) conducts with the financial institution or an insurer, as defined by Article 1.02, Insurance Code, a transaction concerning funds involved in an offense under Section 34.02. (3761)
Added by Acts 2005, 79th Leg., Ch. 1162 (H.B. 3376), Sec. 3, eff. September 1, 2005. (3762)
The attorney general, if requested to do so by a prosecuting attorney, may assist in the prosecution of an offense under this chapter. (3764)
Added by Acts 1993, 73rd Leg., ch. 761, Sec. 2, eff. Sept. 1, 1993. (3765)
In this chapter: (3768)
(1) "Insurance policy" means a written instrument in which is provided the terms of any certificate of insurance, binder of coverage, contract of insurance, benefit plan, nonprofit hospital service plan, motor club service plan, surety bond, cash bond, or any other alternative to insurance authorized by Chapter 601, Transportation Code. The term includes any instrument authorized to be regulated by the Texas Department of Insurance. (3769)
(2) "Insurer" has the meaning assigned by Article 1.02, Insurance Code. (3770)
(3) "Statement" means an oral or written communication or a record or documented representation of fact made to an insurer. The term includes computer-generated information. (3771)
(4) "Value of the claim" means the total dollar amount of a claim for payment under an insurance policy or, as applicable, the value of the claim determined under Section 35.025. (3772)
Added by Acts 1995, 74th Leg., ch. 621, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.830, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 10A.541, eff. Sept. 1, 2003. (3773)
Amended by: (3774)
Acts 2005, 79th Leg., Ch. 1162 (H.B. 3376), Sec. 4, eff. September 1, 2005. (3775)
A statement is material for the purposes of this chapter, regardless of the admissibility of the statement at trial, if the statement could have affected: (3777)
(1) the eligibility for coverage or amount of the payment on a claim for payment under an insurance policy; or (3778)
(2) the decision of an insurer whether to issue an insurance policy. (3779)
Added by Acts 2005, 79th Leg., Ch. 1162 (H.B. 3376), Sec. 4, eff. September 1, 2005. (3780)
(a) A person commits an offense if, with intent to defraud or deceive an insurer, the person, in support of a claim for payment under an insurance policy: (3782)
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