By: Lucio S.B. No. 1250
73R4549 DRH-F
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. Subsections (c) and (d), Article 18.19, Code of
1-7 Criminal Procedure, are amended to read as follows:
1-8 (c) If there is no prosecution or conviction for an offense
1-9 involving the weapon seized, and an order of deferred adjudication
1-10 has not been entered, the magistrate to whom the seizure was
1-11 reported shall notify in writing the person found in possession
1-12 that he is entitled to the weapon upon request to the court <in
1-13 which he was convicted>. If the weapon is not requested within 60
1-14 days after notification, the magistrate shall order the weapon
1-15 destroyed or forfeited to the state for use by the law enforcement
1-16 agency holding the weapon.
1-17 (d) A court entering a judgment of conviction, or an order
1-18 deferring adjudication under Section 5, Article 42.12, of this
1-19 code, shall order the weapon destroyed or forfeited to the state
1-20 for use by the law enforcement agency holding the weapon <person
1-21 convicted under Penal Code Chapter 46 is entitled to the weapon
1-22 seized upon request to the law enforcement agency holding the
1-23 weapon. However, the court entering the judgment of conviction
1-24 shall order the weapon destroyed or forfeited to the state for use
2-1 by the law enforcement agency holding the weapon if:>
2-2 <(1) the person does not request the weapon within 60
2-3 days after the date of the judgment of conviction;>
2-4 <(2) the person has been previously convicted under
2-5 Penal Code Chapter 46; or>
2-6 <(3) the weapon is one defined as a prohibited weapon
2-7 under Penal Code Chapter 46>.
2-8 SECTION 2. This Act takes effect September 1, 1993, and
2-9 applies to all weapons involved in a criminal offense that are in
2-10 the possession of a law enforcement agency on or after that date.
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.