H.B. No. 665
1-1 AN ACT
1-2 relating to the disposition of exhibits in a criminal case.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 2.21, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 2.21. Duty of Clerks. (a) Each clerk of the district
1-7 or county court shall receive and file all papers and exhibits in
1-8 respect to criminal proceedings, issue all process in such cases,
1-9 and perform all other duties imposed upon them by law.
1-10 (b) Any firearm or contraband received by a court <clerk> as
1-11 an exhibit in any criminal proceeding shall <may> be placed <by the
1-12 clerk> in the hands of the sheriff for safekeeping at any time
1-13 during the pendency of such proceeding or thereafter.
1-14 (c) The sheriff shall receive and hold <such> exhibits
1-15 consisting of firearms or contraband and release them only to the
1-16 person or persons authorized by the court in which such exhibits
1-17 have been received or dispose of them as provided by Chapter 18 of
1-18 this code.
1-19 (d) In this article, "eligible exhibit" means an exhibit
1-20 filed with the clerk that:
1-21 (1) is not a firearm or contraband;
1-22 (2) has not been ordered by the court to be returned
1-23 to its owner; and
1-24 (3) is not an exhibit in another pending criminal
2-1 action.
2-2 (e) An eligible exhibit may be disposed of as provided by
2-3 this article:
2-4 (1) on or after the first anniversary of the date on
2-5 which a conviction becomes final in the case, if the case is a
2-6 misdemeanor or a felony for which the sentence imposed by the court
2-7 is five years or less; or
2-8 (2) on or after the second anniversary of the date on
2-9 which a conviction becomes final in the case, if the case is a
2-10 non-capital felony for which the sentence imposed by the court is
2-11 greater than five years.
2-12 (f) A clerk in a county with a population of 1.7 million or
2-13 more may dispose of an eligible exhibit on the date provided by
2-14 Subsection (e) of this article if on that date the clerk has not
2-15 received a request for the exhibit from either the attorney
2-16 representing the state in the case or the attorney representing the
2-17 defendant.
2-18 (g) A clerk in a county with a population of less than 1.7
2-19 million must provide written notice by mail to the attorney
2-20 representing the state in the case and the attorney representing
2-21 the defendant before disposing of an eligible exhibit.
2-22 (h) The notice under Subsection (g) of this article must:
2-23 (1) describe the eligible exhibit;
2-24 (2) give the name and address of the court holding the
2-25 exhibit; and
2-26 (3) state that the eligible exhibit will be disposed
2-27 of unless a written request is received by the clerk before the
3-1 31st day after the date of notice.
3-2 (i) If a request is not received by a clerk covered by
3-3 Subsection (g) of this article before the 31st day after the date
3-4 of notice, the clerk may dispose of the eligible exhibit.
3-5 (j) If a request is timely received, the clerk shall deliver
3-6 the eligible exhibit to the person making the request if the court
3-7 determines the requestor is the owner of the eligible exhibit.
3-8 SECTION 2. This Act takes effect September 1, 1993.
3-9 SECTION 3. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.