1-1 By: Brown S.B. No. 191
1-2 (In the Senate - Filed January 27, 1993; January 27, 1993,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 9, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; March 9, 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 S.B. No. 191 By: Brown
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the disposition of property involved in a criminal
1-20 offense.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Article 18.17, Code of Criminal Procedure, is
1-23 amended to read as follows:
1-24 Art. 18.17. Disposition of Abandoned or Unclaimed Property.
1-25 (a) All unclaimed or abandoned personal property of every kind,
1-26 other than contraband subject to forfeiture under Chapter 59 of
1-27 this code and whiskey, wine and beer, seized by any peace officer
1-28 in the State of Texas which is not held as evidence to be used in
1-29 any pending case and has not been ordered destroyed or returned to
1-30 the person entitled to possession of the same by a magistrate,
1-31 which shall remain unclaimed for a period of 30 days shall be
1-32 delivered for disposition <sale> to a person designated by the
1-33 municipality or the purchasing agent of the <municipality or>
1-34 county in which the property was seized. If a peace officer of a
1-35 municipality seizes the property, the peace officer shall deliver
1-36 the property to a person designated by <the purchasing agent of>
1-37 the municipality. If any other peace officer seizes the property,
1-38 the peace officer shall deliver the property to the purchasing
1-39 agent of the county. If the county has no purchasing agent, then
1-40 such property shall be disposed of <sold> by the sheriff of the
1-41 county.
1-42 (b) The <municipal or> county purchasing agent, the person
1-43 designated by the municipality, or the sheriff of the county, as
1-44 the case may be, shall mail a notice to the last known address of
1-45 the owner of such property by certified mail. Such notice shall
1-46 describe the property being held, give the name and address of the
1-47 officer holding such property, and shall state that if the owner
1-48 does not claim such property within 90 days <six months> from the
1-49 date of the notice such property will be disposed of <sold> and the
1-50 proceeds <of such sale>, after deducting the reasonable expense of
1-51 keeping such property and the costs of the disposition <sale>,
1-52 placed in the treasury of the municipality or county giving the
1-53 notice.
1-54 (c) If the owner of such property is unknown or if the
1-55 address of the owner is unknown, then the person designated by the
1-56 municipality, the <municipal or> county purchasing agent, or the
1-57 sheriff, as the case may be, shall cause to be published once in a
1-58 paper of general circulation in the municipality or county a notice
1-59 containing a general description of the property held, the name of
1-60 the owner if known, the name and address of the officer holding
1-61 such property, and a statement that if the owner does not claim
1-62 such property within 90 days <six months> from the date of the
1-63 publication such property will be disposed of <sold> and the
1-64 proceeds <of such sale>, after deducting the reasonable expense of
1-65 keeping such property and the costs of the disposition <sale>,
1-66 placed in the treasury of the municipality or county disposing of
1-67 <selling> the property.
1-68 (d) The sale of any property hereunder shall be preceded by
2-1 a notice published once at least 14 days <three weeks> prior to the
2-2 date of such sale in a newspaper of general circulation in the
2-3 municipality or county where the sale is to take place, stating the
2-4 general description of the property, the names of the owner if
2-5 known, and the date and place that such sale will occur. If the
2-6 person designated by the municipality, <municipal or> county
2-7 purchasing agent, or sheriff, as the case may be, shall consider
2-8 any bid as insufficient, he need not sell such property but may
2-9 decline such bid and reoffer such property for sale. This article
2-10 does not require disposition by sale.
2-11 (e) The real owner of any property disposed of <sold> shall
2-12 have the right to file a claim to the proceeds <of such sale> with
2-13 the commissioners court of the county or with the governing body of
2-14 the municipality in which the disposition <sale> took place. A
2-15 claim by the real owner must be filed not later than the 30th day
2-16 after the date of disposition. If the claim is allowed by the
2-17 commissioners court or the governing body of the municipality, the
2-18 municipal or county treasurer shall pay the owner such funds as
2-19 were paid into the treasury of the municipality or county as
2-20 proceeds of the disposition <sale>. If the claim is denied by the
2-21 commissioners court or the governing body or if said court or body
2-22 fails to act upon such claim within 90 days, the claimant may sue
2-23 the municipal or county treasurer in a court of competent
2-24 jurisdiction in the county, and upon sufficient proof of ownership,
2-25 recover judgment against such municipality or county for the
2-26 recovery of the proceeds of the disposition <sale>.
2-27 (f) For the purposes of this article:
2-28 (1) "Person designated by a municipality" means an
2-29 officer or employee of a municipality who is designated by the
2-30 municipality to be primarily responsible for the disposition of
2-31 property under this article.
2-32 (2) "Property held as evidence" means property
2-33 related to a charge that has been filed or to a matter that is
2-34 being investigated for the filing of a charge<, "purchasing agent
2-35 of the municipality" means the person who is primarily responsible
2-36 for making purchases on behalf of a municipality>.
2-37 (g) If the provisions of this section have been met and the
2-38 property is scheduled for disposition <sale>, the municipal or
2-39 county law enforcement agency that originally seized the property
2-40 may request and have the property converted to agency use. The
2-41 agency at any time may transfer the property to another municipal
2-42 or county law enforcement agency for the use of that agency. The
2-43 agency last using the property shall return the property to the
2-44 person designated by the municipality, county purchasing agent, or
2-45 sheriff, as the case may be, for disposition <sale> when the agency
2-46 has completed the intended use of the property.
2-47 SECTION 2. Subsections (a) and (b), Article 18.18, Code of
2-48 Criminal Procedure, are amended to read as follows:
2-49 (a) Following the final conviction of a person for
2-50 possession of a gambling device or equipment, altered gambling
2-51 equipment, or gambling paraphernalia, for an offense involving a
2-52 criminal instrument, for an offense involving an obscene device or
2-53 material, the court entering the judgment of conviction shall order
2-54 that the machine, device, gambling equipment or gambling
2-55 paraphernalia, instrument, obscene device or material be destroyed
2-56 or forfeited to the state. Not later than the 30th day after
2-57 <Following> the final conviction of a person for an offense
2-58 involving a prohibited weapon, the court entering the judgment of
2-59 conviction on its own motion, on the motion of the prosecuting
2-60 attorney in the case, or on the motion of the law enforcement
2-61 agency initiating the complaint if the prosecutor fails to move for
2-62 the order shall order that the prohibited weapon be destroyed or
2-63 forfeited to the <state or to a political subdivision of the state
2-64 for use by> law enforcement agency that initiated the complaint.
2-65 If the court fails to enter the order within the time required by
2-66 this subsection, any magistrate in the county in which the offense
2-67 occurred may enter the order <agencies>. Following the final
2-68 conviction of a person for an offense involving dog fighting, the
2-69 court entering the judgment of conviction shall order that any
2-70 dog-fighting equipment be destroyed or forfeited to the state.
3-1 Destruction of dogs, if necessary, must be carried out by a
3-2 veterinarian licensed in this state or, if one is not available, by
3-3 trained personnel of a humane society or an animal shelter. If
3-4 forfeited, the court shall order the contraband delivered to the
3-5 state, any political subdivision of the state, or to any state
3-6 institution or agency. If gambling proceeds were seized, the court
3-7 shall order them forfeited to the state and shall transmit them to
3-8 the grand jury of the county in which they were seized for use in
3-9 investigating alleged violations of the Penal Code, or to the
3-10 state, any political subdivision of the state, or to any state
3-11 institution or agency.
3-12 (b) If there is no prosecution or conviction following
3-13 seizure, the magistrate to whom the return was made shall notify in
3-14 writing the person found in possession of the alleged gambling
3-15 device or equipment, altered gambling equipment or gambling
3-16 paraphernalia, gambling proceeds, prohibited weapon, obscene device
3-17 or material, criminal instrument, or dog-fighting equipment to show
3-18 cause why the property seized should not be destroyed or the
3-19 proceeds forfeited. The magistrate, on the motion of the law
3-20 enforcement agency seizing a prohibited weapon, shall order the
3-21 weapon destroyed or forfeited to the law enforcement agency seizing
3-22 the weapon, unless a person shows cause as to why the prohibited
3-23 weapon should not be destroyed or forfeited. A law enforcement
3-24 agency shall make a motion under this section in a timely manner
3-25 after the time at which the agency is informed by the attorney
3-26 representing the state that no prosecution will arise from the
3-27 seizure.
3-28 SECTION 3. This Act takes effect September 1, 1993, and
3-29 applies to all property involved in a criminal offense that is in
3-30 the possession of a law enforcement agency on or after that date.
3-31 SECTION 4. The importance of this legislation and the
3-32 crowded condition of the calendars in both houses create an
3-33 emergency and an imperative public necessity that the
3-34 constitutional rule requiring bills to be read on three several
3-35 days in each house be suspended, and this rule is hereby suspended.
3-36 * * * * *
3-37 Austin,
3-38 Texas
3-39 March 9, 1993
3-40 Hon. Bob Bullock
3-41 President of the Senate
3-42 Sir:
3-43 We, your Committee on Criminal Justice to which was referred S.B.
3-44 No. 191, have had the same under consideration, and I am instructed
3-45 to report it back to the Senate with the recommendation that it do
3-46 not pass, but that the Committee Substitute adopted in lieu thereof
3-47 do pass and be printed.
3-48 Whitmire,
3-49 Chairman
3-50 * * * * *
3-51 WITNESSES
3-52 FOR AGAINST ON
3-53 ___________________________________________________________________
3-54 Name: Ira Calkins x
3-55 Representing: Inner-Gov Research Assoc.
3-56 City: Austin
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