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.