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.