1-1  By:  Shelley, Lucio                                    S.B. No. 590
    1-2        (In the Senate - Filed March 3, 1993; March 4, 1993, read
    1-3  first time and referred to Committee on Jurisprudence;
    1-4  March 23, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 7, Nays 0; March 23, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Henderson          x                               
   1-10        Harris of Tarrant  x                               
   1-11        Brown              x                               
   1-12        Harris of Dallas   x                               
   1-13        Luna               x                               
   1-14        Parker             x                               
   1-15        West               x                               
   1-16  COMMITTEE SUBSTITUTE FOR S.B. No. 590        By:  Harris of Tarrant
   1-17                         A BILL TO BE ENTITLED
   1-18                                AN ACT
   1-19  relating to the disposition of stolen property.
   1-20        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-21        SECTION 1.  Articles 47.01, 47.01a, 47.03, 47.04, 47.05, and
   1-22  47.09, Code of Criminal Procedure, are amended to read as follows:
   1-23        Art. 47.01.  SUBJECT TO ORDER OF COURT.  An officer who comes
   1-24  into custody of property alleged to have been stolen must hold it
   1-25  subject to the order of the proper court, except that if the
   1-26  officer recovers, within 14 days from the date it was reported
   1-27  stolen, property which is subject to the Certificate of Title Act
   1-28  (Article 6687-1, Vernon's Texas Civil Statutes), then the officer
   1-29  need not hold the property subject to the order of the proper court
   1-30  but may release the property to the owner, as shown on the
   1-31  certificate of title <or magistrate>.
   1-32        Art. 47.01a.  RESTORATION WHEN NO TRIAL IS PENDING.  (a)  If
   1-33  a criminal action relating to allegedly stolen property is not
   1-34  pending, a district judge, county court judge, statutory county
   1-35  court judge, or justice of the peace having jurisdiction in the
   1-36  county in which the property is held or a municipal judge having
   1-37  jurisdiction in the municipality <magistrate of the county or city>
   1-38  in which the property is being held may hold a hearing to determine
   1-39  the right to possession of the property, upon the petition of an
   1-40  interested person, a county, a city, or the state.  The court
   1-41  <magistrate> shall:
   1-42              (1)   order the property delivered to whoever has the
   1-43  superior right to possession, without conditions; or
   1-44              (2)  on the filing of a written motion before trial by
   1-45  an attorney representing the state, order the property delivered to
   1-46  whoever has the superior right to possession, subject to the
   1-47  condition that the property be made available to the prosecuting
   1-48  authority should it be needed in future prosecutions; or
   1-49              (3)  order<, or the magistrate may remand> the property
   1-50  awarded to the custody of the peace officer, pending resolution of
   1-51  criminal investigations regarding the property.
   1-52        (b)  If it is shown in a hearing that probable cause exists
   1-53  to believe that the property was acquired by theft or by another
   1-54  manner that makes its acquisition an offense and that the identity
   1-55  of the actual owner of the property cannot be determined, the court
   1-56  <magistrate> shall order the peace officer to:
   1-57              (1)  deliver the property to a government agency for
   1-58  official purposes;
   1-59              (2)  deliver the property to a person authorized by
   1-60  Article 18.17 of this code to receive and dispose of the property;
   1-61  or
   1-62              (3)  destroy the property.
   1-63        (c)  At a hearing under Subsection (a) of this article, any
   1-64  interested person may present evidence showing that the property
   1-65  was not acquired by theft or another offense or that the person is
   1-66  entitled to possess the property.  At the hearing, hearsay evidence
   1-67  is admissible.
   1-68        (d)  Venue for a hearing under this article is in any
    2-1  justice, county, statutory county, or district court in the county
    2-2  in which the property is seized or in any municipal court in any
    2-3  municipality in which the property is seized, except that the court
    2-4  may transfer venue to a court in another county on the motion of
    2-5  any interested party.
    2-6        Art. 47.03.  SCHEDULE.  When an officer seizes property
    2-7  alleged to have been stolen, he shall immediately file a schedule
    2-8  of the same, and its value, with the <magistrate or> court having
    2-9  jurisdiction of the case, certifying that the property has been
   2-10  seized by him, and the reason therefor.  The officer shall notify
   2-11  the court of the names and addresses of each party known to the
   2-12  officer who has a claim to possession of the seized property.
   2-13        Art. 47.04.  RESTORED TO OWNER.  Upon an examining trial, if
   2-14  it is proven to the satisfaction of the court <magistrate> that any
   2-15  person is the true owner of property alleged to have been stolen,
   2-16  and which is in possession of a peace officer, the court <he> may
   2-17  upon motion by the state, by written order direct the property to
   2-18  be restored to such owner subject to the conditions that such
   2-19  property shall be made available to the state or by order of any
   2-20  court having jurisdiction over the offense to be used for
   2-21  evidentiary purposes.
   2-22        Art. 47.05.  BOND REQUIRED.  If the court <magistrate> has
   2-23  any doubt as to the ownership of the property, the court <he> may
   2-24  require a bond of the claimant for its re-delivery in case it
   2-25  should thereafter be shown not to belong to such claimant; or the
   2-26  court <he> may, in its <his> discretion, direct the property to be
   2-27  retained by the sheriff until further orders as to its possession.
   2-28  Such bond shall be in a sum equal to the value of the property,
   2-29  with sufficient security, payable to and approved by the county
   2-30  judge of the county in which the property is in custody.  Such bond
   2-31  shall be filed in the office of the county clerk of such county,
   2-32  and in case of a breach thereof may be sued upon in such county by
   2-33  any claimant of the property; or by the county treasurer of such
   2-34  county.
   2-35        Art. 47.09.  CLAIMANT TO PAY CHARGES.  The claimant of the
   2-36  property, before he shall be entitled to have the same delivered to
   2-37  him, shall pay all reasonable charges for the safekeeping of the
   2-38  same while in the custody of the law, which charges shall be
   2-39  verified by the affidavit of the officer claiming the same, and
   2-40  determined by the <magistrate of a> court having jurisdiction
   2-41  thereof.  If said charges are not paid, the property shall be sold
   2-42  as under execution; and the proceeds of sale, after the payment of
   2-43  said charges and costs of sale, paid to the owner of such property.
   2-44        SECTION 2.  Chapter 47, Code of Criminal Procedure, is
   2-45  amended by adding Article 47.12 to read as follows:
   2-46        Art. 47.12.  APPEAL.  (a)  Appeals from a hearing in a
   2-47  district court, county court, or statutory county court under
   2-48  Article 47.01a of this code shall be heard by a court of appeals.
   2-49  The appeal is governed by the applicable rules of procedure for
   2-50  appeals of civil cases to a court of appeals.
   2-51        (b)  Appeals from a hearing in a municipal court or justice
   2-52  court under Article 47.01a of this code shall be heard by a county
   2-53  court or statutory county court.  The appeal is governed by the
   2-54  applicable rules of procedure for appeals for civil cases in
   2-55  justice courts to a county court or statutory county court.
   2-56        (c)  The court may require an appeal bond, in an amount
   2-57  determined appropriate by the court, but not to exceed twice the
   2-58  value of the property.  The bond shall be made payable to the party
   2-59  who was awarded possession at the hearing, with sufficient sureties
   2-60  approved by the court, and conditioned that appellant will
   2-61  prosecute his appeal to conclusion.
   2-62        SECTION 3.  The change in the law made by this Act applies
   2-63  only to property alleged to have been stolen that comes into the
   2-64  custody of a peace officer on or after the effective date of this
   2-65  Act.  Property alleged to have been stolen that comes into the
   2-66  custody of an officer before that date is subject to the law in
   2-67  effect when the property came into the custody of the officer, and
   2-68  the former law is continued in effect for that purpose.
   2-69        SECTION 4.  This Act takes effect September 1, 1993.
   2-70        SECTION 5.  The importance of this legislation and the
    3-1  crowded condition of the calendars in both houses create an
    3-2  emergency and an imperative public necessity that the
    3-3  constitutional rule requiring bills to be read on three several
    3-4  days in each house be suspended, and this rule is hereby suspended.
    3-5                               * * * * *
    3-6                                                         Austin,
    3-7  Texas
    3-8                                                         March 23, 1993
    3-9  Hon. Bob Bullock
   3-10  President of the Senate
   3-11  Sir:
   3-12  We, your Committee on Jurisprudence to which was referred S.B. No.
   3-13  590, have had the same under consideration, and I am instructed to
   3-14  report it back to the Senate with the recommendation that it do not
   3-15  pass, but that the Committee Substitute adopted in lieu thereof do
   3-16  pass and be printed.
   3-17                                                         Henderson,
   3-18  Chairman
   3-19                               * * * * *
   3-20                               WITNESSES
   3-21                                                  FOR   AGAINST  ON
   3-22  ___________________________________________________________________
   3-23  Name:  Jeanette Rash                             x
   3-24  Representing:  Houston Emergency Towing Serv.
   3-25  City:  Houston
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   3-27  Name:  Kenneth Stadler                           x
   3-28  Representing:  Harris Cty. Sherriff's Dept.
   3-29  City:  Houston
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   3-31  Name:  W. W. Cowart                              x
   3-32  Representing:  Harris Cty Wrecker Assoc.
   3-33  City:  Houston
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