By:  Hartnett                                   H.B. No. 1859
       73R6218 DRH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the forfeiture or destruction of weapons belonging to
    1-3  persons convicted of or receiving deferred adjudication for the
    1-4  commission of certain crimes.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Article 18.19, Code of Criminal Procedure, is
    1-7  amended to read as follows:
    1-8        Art. 18.19.  Disposition of Seized Weapons.  (a)  Weapons
    1-9  seized in connection with an offense involving the use of a weapon
   1-10  or an offense under Penal Code Chapter 46 shall be held by the law
   1-11  enforcement agency making the seizure, subject to the following
   1-12  provisions, unless:
   1-13              (1)  the weapon is a prohibited weapon identified in
   1-14  Penal Code Chapter 46, in which event Article 18.18 of this code
   1-15  applies; or
   1-16              (2)  the weapon is alleged to be stolen property, in
   1-17  which event Chapter 47 of this code applies.
   1-18        (b)  When a weapon described in Paragraph (a) of this article
   1-19  is seized, and the seizure is not made pursuant to a search or
   1-20  arrest warrant, the person seizing the same shall prepare and
   1-21  deliver to a magistrate a written inventory of each weapon seized.
   1-22        (c)  If there is no prosecution or conviction for an offense
   1-23  involving the weapon seized, and an order of deferred adjudication
   1-24  has not been entered, the magistrate to whom the seizure was
    2-1  reported shall notify in writing the person found in possession
    2-2  that he is entitled to the weapon upon request to the court <in
    2-3  which he was convicted>.  If the weapon is not requested within 60
    2-4  days after notification, the magistrate shall order the weapon
    2-5  destroyed or forfeited to the state for use by the law enforcement
    2-6  agency holding the weapon.
    2-7        (d)  <A person convicted under Penal Code Chapter 46 is
    2-8  entitled to the weapon seized upon request to the law enforcement
    2-9  agency holding the weapon.  However, the court entering the
   2-10  judgment of conviction shall order the weapon destroyed or
   2-11  forfeited to the state for use by the law enforcement agency
   2-12  holding the weapon if:>
   2-13              <(1)  the person does not request the weapon within 60
   2-14  days after the date of the judgment of conviction;>
   2-15              <(2)  the person has been previously convicted under
   2-16  Penal Code Chapter 46; or>
   2-17              <(3)  the weapon is one defined as a prohibited weapon
   2-18  under Penal Code Chapter 46.>
   2-19        <(e)>  If the person found in possession of a weapon is
   2-20  convicted or the court enters an order of deferred adjudication for
   2-21  <of> an offense involving the use of the weapon or an offense under
   2-22  Chapter 46, Penal Code, the court entering judgment of conviction
   2-23  or order of deferred adjudication shall order destruction of the
   2-24  weapon or forfeiture to the state for use by the law enforcement
   2-25  agency holding the weapon.
   2-26        SECTION 2.  This Act takes effect September 1, 1993, and
   2-27  applies to all weapons involved in a criminal offense that are in
    3-1  the possession of a law enforcement agency on or after that date.
    3-2        SECTION 3.  The importance of this legislation and the
    3-3  crowded condition of the calendars in both houses create an
    3-4  emergency   and   an   imperative   public   necessity   that   the
    3-5  constitutional rule requiring bills to be read on three several
    3-6  days in each house be suspended, and this rule is hereby suspended.