By:  Maxey                                             H.B. No. 389
       73R91 DRH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the forfeiture or destruction of weapons belonging to
    1-3  persons convicted of or receiving deferred adjudication for the
    1-4  commission of certain crimes.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subsections (c) and (d), Article 18.19, Code of
    1-7  Criminal Procedure, are amended to read as follows:
    1-8        (c)  If there is no prosecution or conviction for an offense
    1-9  involving the weapon seized, and an order of deferred adjudication
   1-10  has not been entered, the magistrate to whom the seizure was
   1-11  reported shall notify in writing the person found in possession
   1-12  that he is entitled to the weapon upon request to the court <in
   1-13  which he was convicted>.  If the weapon is not requested within 60
   1-14  days after notification, the magistrate shall order the weapon
   1-15  destroyed or forfeited to the state for use by the law enforcement
   1-16  agency holding the weapon.
   1-17        (d)  A court entering a judgment of conviction, or an order
   1-18  deferring adjudication under Section 5, Article 42.12, of this
   1-19  code, may order the weapon destroyed, forfeited to the state for
   1-20  use by the law enforcement agency holding the weapon, or returned
   1-21  to the person convicted or receiving deferred adjudication.  A
   1-22  <person convicted under Penal Code Chapter 46 is entitled to the
   1-23  weapon seized upon request to the law enforcement agency holding
   1-24  the weapon.  However, the> court entering a <the> judgment of
    2-1  conviction or order of deferred adjudication shall order the weapon
    2-2  destroyed or forfeited <to the state for use by the law enforcement
    2-3  agency holding the weapon> if:
    2-4              (1)  the person does not request the weapon within 60
    2-5  days after the date of the judgment or order <of conviction>;
    2-6              (2)  the person has been previously convicted under
    2-7  Penal Code Chapter 46; or
    2-8              (3)  the weapon is one defined as a prohibited weapon
    2-9  under Penal Code Chapter 46.
   2-10        SECTION 2.  This Act takes effect September 1, 1993, and
   2-11  applies to all weapons involved in a criminal offense that are in
   2-12  the possession of a law enforcement agency on or after that date.
   2-13        SECTION 3.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency   and   an   imperative   public   necessity   that   the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended.