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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