By Bailey H.B. No. 1534
A BILL TO BE ENTITLED
AN ACT
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disposition of stolen property.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Articles 47.01, 47.01a, 47.03, 47.04, 47.05, and
1-5 47.09, Code of Criminal Procedure, are amended to read as follows:
1-6 Art. 47.01. SUBJECT TO ORDER OF COURT. An officer who comes
1-7 into custody of property alleged to have been stolen must hold it
1-8 subject to the order of the proper court, except that if the
1-9 officer recovers, within 14 days from the date it was reported
1-10 stolen, property which is subject to the Certificate of Title Act
1-11 (Article 6687-1, Vernon's Texas Civil Statutes), then the officer
1-12 need not hold the property subject to the order of the proper court
1-13 but may release the property to the owner, as shown on the
1-14 certificate of title <or magistrate>.
1-15 Art. 47.01a. RESTORATION WHEN NO TRIAL IS PENDING. (a) If
1-16 a criminal action relating to allegedly stolen property is not
1-17 pending, a district judge, county court judge, statutory county
1-18 court judge, or justice of the peace having jurisdiction in the
1-19 county in which the property is held or a municipal judge having
1-20 jurisdiction in the municipality <magistrate of the county or city>
1-21 in which the property is being held shall <may> hold a hearing to
1-22 determine the right to possession of the property, upon the
1-23 petition of an interested person, a county, a city, or the state.
2-1 The court <magistrate> shall:
2-2 (1) order the property delivered to whoever has the
2-3 superior right to possession, without conditions; or
2-4 (2) on the filing of a written motion before trial by
2-5 an attorney representing the state, order the property delivered to
2-6 whoever has the superior right of possession, subject to the
2-7 condition that the property be made available to the prosecuting
2-8 authority should it be needed in future prosecutions; or
2-9 (3) order <, or the magistrate may remand> the
2-10 property awarded to the custody of the peace officer, pending
2-11 resolution of criminal investigations regarding the property.
2-12 (b) If it is shown in a hearing that probable cause exists
2-13 to believe that the property was acquired by theft or by another
2-14 manner that makes its acquisition an offense and that the identity
2-15 of the actual owner of the property cannot be determined, the court
2-16 <magistrate> shall order the peace officer to:
2-17 (1) deliver the property to a government agency for
2-18 official purposes;
2-19 (2) deliver the property to a person authorized by
2-20 Article 18.17 of this code to receive and dispose of the property;
2-21 or
2-22 (3) destroy the property.
2-23 (c) At a hearing under Subsection (a) of this article, any
2-24 interested person may present evidence showing that the property
2-25 was not acquired by theft or another offense or that the person is
3-1 entitled to possess the property. At the hearing, hearsay evidence
3-2 is admissible.
3-3 (d) Venue for a hearing under this article is in any
3-4 justice, county, statutory county, or district court in the county
3-5 in which the property is seized or in any municipal court in any
3-6 municipality in which the property is seized, except that the court
3-7 may transfer venue to a court in another county on the motion of
3-8 any interested party.
3-9 Art. 47.03. SCHEDULE. When an officer seizes property
3-10 alleged to have been stolen, he shall immediately file a schedule
3-11 of the same, and its value, with the <magistrate or> court having
3-12 jurisdiction of the case, certifying that the property has been
3-13 seized by him, and the reason therefor. The officer shall notify
3-14 the court of the names and addresses of each party known to the
3-15 officer who has a claim to possession of the seized property.
3-16 Art. 47.04. RESTORED TO OWNER. Upon an examining trial, if
3-17 it is proven to the satisfaction of the court <magistrate> that any
3-18 person is the true owner of property alleged to have been stolen,
3-19 and which is in possession of a peace officer, the court <he> may
3-20 upon motion by the state, by written order direct the property to
3-21 be restored to such owner subject to the conditions that such
3-22 property shall be made available to the state or by order of any
3-23 court having jurisdiction over the offense to be used for
3-24 evidentiary purposes.
3-25 Art. 47.05. BOND REQUIRED. If the court <magistrate> has
4-1 any doubt as to the ownership of the property, the court <he> may
4-2 require a bond of the claimant for its re-delivery in case it
4-3 should thereafter be shown not to belong to such claimant; or the
4-4 court <he> may, in its <his> discretion, direct the property to be
4-5 retained by the sheriff until further orders as to its possession.
4-6 Such bond shall be in a sum equal to the value of the property,
4-7 with sufficient security, payable to and approved by the county
4-8 judge of the county in which the property is in custody. Such bond
4-9 shall be filed in the office of the county clerk of such county,
4-10 and in case of a breach thereof may be sued upon in such county by
4-11 any claimant of the property; or by the county treasurer of such
4-12 county.
4-13 Art. 47.09. CLAIMANT TO PAY CHARGES. The claimant of the
4-14 property, before he shall be entitled to have the same delivered to
4-15 him, shall pay all reasonable charges for the safekeeping of the
4-16 same while in the custody of the law, which charges shall be
4-17 verified by the affidavit of the officer claiming the same, and
4-18 determined by the <magistrate of a> court having jurisdiction
4-19 thereof. If said charges are not paid, the property shall be sold
4-20 as under execution; and the proceeds of sale, after the payment of
4-21 said charges and costs of sale, paid to the owner of such property.
4-22 SECTION 2. Chapter 47, Code of Criminal Procedure, is
4-23 amended by adding Article 47.12 to read as follows:
4-24 Art. 47.12. APPEAL. (a) Appeals from a hearing in a
4-25 district court, county court, or statutory county court under
5-1 Article 47.01a of this code shall be heard by a court of appeals.
5-2 The appeal is governed by the applicable rules of procedure for
5-3 appeals of civil cases to a court of appeals.
5-4 (b) Appeals from a hearing in a municipal court or justice
5-5 court under Article 47.01a of this code shall be heard by a county
5-6 court or statutory county court. The appeal is governed by the
5-7 applicable rules of procedure for appeals for civil cases in
5-8 justice courts to a county court or statutory county court.
5-9 (c) Only an interested person who appears at a hearing under
5-10 this article may appeal and such person must give an oral notice of
5-11 appeal at the conclusion of the hearing and must post his appeal
5-12 bond by the end of the next business day, exclusive of Saturdays,
5-13 Sundays, and legal holidays.
5-14 (d) The court may require an appeal bond, in an amount
5-15 determined appropriate by the court, but not to exceed twice the
5-16 value of the property. The bond shall be made payable to the party
5-17 who was awarded possession at the hearing, with sufficient sureties
5-18 approved by the court, and conditioned that appellant will
5-19 prosecute his appeal to conclusion.
5-20 SECTION 3. The change in the law made by this Act applies
5-21 only to property alleged to have been stolen that comes into the
5-22 custody of a peace officer on or after the effective date of this
5-23 Act. Property alleged to have been stolen that comes into the
5-24 custody of an officer before that date is subject to the law in
5-25 effect when the property came into the custody of the officer, and
6-1 the former law is continued in effect for that purpose.
6-2 SECTION 4. This Act takes effect September 1, 1993.
6-3 SECTION 5. The importance of this legislation and the
6-4 crowded condition of the calendars in both houses create an
6-5 emergency and an imperative public necessity that the
6-6 constitutional rule requiring bills to be read on three several
6-7 days in each house be suspended, and this rule is hereby suspended.