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.