1-1 By: Hernandez (Senate Sponsor - Barrientos) H.B. No. 665
1-2 (In the Senate - Received from the House May 13, 1993;
1-3 May 14, 1993, read first time and referred to Committee on Criminal
1-4 Justice; May 25, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; May 25, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Whitmire x
1-10 Brown x
1-11 Nelson x
1-12 Sibley x
1-13 Sims x
1-14 Turner x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR H.B. No. 665 By: Whitmire
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the disposition of exhibits in a criminal case.
1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-21 SECTION 1. Article 2.21, Code of Criminal Procedure, is
1-22 amended to read as follows:
1-23 Art 2.21. DUTY OF CLERKS. (a) Each clerk of the district
1-24 or county court shall receive and file all papers and exhibits in
1-25 respect to criminal proceedings, issue all process in such cases,
1-26 and perform all other duties imposed upon them by law.
1-27 (b) Any firearm or contraband received by a court <clerk> as
1-28 an exhibit in any criminal proceeding shall <may> be placed <by the
1-29 clerk> in the hands of the sheriff for safekeeping at any time
1-30 during the pendency of such proceeding or thereafter.
1-31 (c) The sheriff shall receive and hold <such> exhibits
1-32 consisting of firearms or contraband and release them only to the
1-33 person or persons authorized by the court in which such exhibits
1-34 have been received or dispose of them as provided by Chapter 18 of
1-35 this code.
1-36 (d) In this article, "eligible exhibit" means an exhibit
1-37 filed with the clerk that:
1-38 (1) is not a firearm or contraband;
1-39 (2) has not been ordered by the court to be returned
1-40 to its owner; and
1-41 (3) is not an exhibit in another pending criminal
1-42 action.
1-43 (e) An eligible exhibit may be disposed of as provided by
1-44 this article:
1-45 (1) on or after the first anniversary of the date on
1-46 which a conviction becomes final in the case, if the case is a
1-47 misdemeanor or a felony for which the sentence imposed by the court
1-48 is five years or less; or
1-49 (2) on or after the second anniversary of the date on
1-50 which a conviction becomes final in the case, if the case is a
1-51 non-capital felony for which the sentence imposed by the court is
1-52 greater than five years.
1-53 (f) A clerk in a county may dispose of an eligible exhibit
1-54 on the date provided by Subsection (e) of this article if on that
1-55 date, after posting a list of the eligible exhibits in a prominent
1-56 place in the courthouse and delivering a copy of the list to the
1-57 attorney representing the state 30 days prior to that date, the
1-58 clerk has made written application for a court order, which
1-59 application has been served on and approved in writing by the
1-60 attorney representing the state in the case, and approved by the
1-61 court.
1-62 (g) A clerk in a county with a population of 2.8 million or
1-63 more may dispose of an eligible exhibit on the date provided by
1-64 Subsection (e) of this article if on that date, after posting a
1-65 list of the eligible exhibits in a prominent place in the
1-66 courthouse 30 days prior to that date, the clerk has not received a
1-67 request for the exhibit from either the attorney representing the
1-68 state in the case or the attorney representing the defendant.
2-1 SECTION 2. This Act takes effect September 1, 1993.
2-2 SECTION 3. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.
2-7 * * * * *
2-8 Austin,
2-9 Texas
2-10 May 25, 1993
2-11 Hon. Bob Bullock
2-12 President of the Senate
2-13 Sir:
2-14 We, your Committee on Criminal Justice to which was referred H.B.
2-15 No. 665, have had the same under consideration, and I am instructed
2-16 to report it back to the Senate with the recommendation that it do
2-17 not pass, but that the Committee Substitute adopted in lieu thereof
2-18 do pass and be printed.
2-19 Whitmire,
2-20 Chairman
2-21 * * * * *
2-22 WITNESSES
2-23 FOR AGAINST ON
2-24 ___________________________________________________________________
2-25 Name: Amalia Rodriguez-Mendoza x
2-26 Representing: Tx. Co. and District Clerk's
2-27 City: Austin
2-28 -------------------------------------------------------------------
2-29 Name: Bruce Elphant x
2-30 Representing:
2-31 City: Austin
2-32 -------------------------------------------------------------------
2-33 Name: Knox Fitzpatrick x
2-34 Representing: John Vance Dist. Att.-Dallas
2-35 City: Dallas
2-36 -------------------------------------------------------------------