By:  Hernandez                                         H.B. No. 665
       73R2123 DRH-D
                                 A BILL TO BE ENTITLED
    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:
    2-3              (1)  on or after the first anniversary of the date on
    2-4  which a conviction becomes final in the case, if the case is a
    2-5  misdemeanor or a felony for which the sentence imposed by the court
    2-6  is five years or less;
    2-7              (2)  on or after the second anniversary of the date on
    2-8  which a conviction becomes final in the case, if the case is a
    2-9  felony for which the sentence imposed by the court is greater than
   2-10  five years; or
   2-11              (3)  on or after the fifth anniversary of the date on
   2-12  which a conviction becomes final in the case, if the case is a
   2-13  felony for which the penalty imposed by the court is death.
   2-14        (f)  Before disposing of an eligible exhibit, the clerk must
   2-15  provide written notice by mail to the attorney representing the
   2-16  state in the case and the attorney representing the defendant.
   2-17        (g)  The notice must:
   2-18              (1)  describe the eligible exhibit;
   2-19              (2)  give the name and address of the court holding the
   2-20  exhibit; and
   2-21              (3)  state that the eligible exhibit will be disposed
   2-22  of unless a written request is received by the clerk before the
   2-23  31st day after the date of notice.
   2-24        (h)  If a request is not received by the clerk before the
   2-25  31st day after the date of notice, the clerk may dispose of the
   2-26  eligible exhibit.  If a request is timely received, the clerk shall
   2-27  deliver the eligible exhibit to the person making the request if
    3-1  the court determines the requestor is the owner of the eligible
    3-2  exhibit.
    3-3        SECTION 2.  This Act takes effect September 1, 1993.
    3-4        SECTION 3.  The importance of this legislation and the
    3-5  crowded condition of the calendars in both houses create an
    3-6  emergency and an imperative public necessity that the
    3-7  constitutional rule requiring bills to be read on three several
    3-8  days in each house be suspended, and this rule is hereby suspended.