By:  Brown                                            S.B. No. 1289
       73R5421 DRH-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the disposition of seized weapons.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsections (c) and (d), Article 18.19, Code of
    1-5  Criminal Procedure, are amended to read as follows:
    1-6        (c)  If there is no prosecution or conviction for an offense
    1-7  involving the weapon seized or an offense under Chapter 46, Penal
    1-8  Code, the magistrate to whom the seizure was reported shall notify
    1-9  in writing the person found in possession that he is entitled to
   1-10  the weapon upon request to the court <in which he was convicted>.
   1-11  If the weapon is not requested within 60 days after notification,
   1-12  the magistrate shall order the weapon destroyed or forfeited to the
   1-13  state for use by the law enforcement agency holding the weapon.
   1-14        (d)  The court entering judgment of a <A> person convicted
   1-15  under Penal Code Chapter 46 may, on <is entitled to the weapon
   1-16  seized upon> request by the person, order <to> the law enforcement
   1-17  agency holding the weapon to return the weapon.  However, the court
   1-18  entering the judgment of conviction shall order the weapon
   1-19  destroyed or forfeited to the state for use by the law enforcement
   1-20  agency holding the weapon if:
   1-21              (1)  the person does not request the weapon within 60
   1-22  days after the date of the judgment of conviction;
   1-23              (2)  the person has been previously convicted under
   1-24  Penal Code Chapter 46; or
    2-1              (3)  the weapon is one defined as a prohibited weapon
    2-2  under Penal Code Chapter 46.
    2-3        SECTION 2.  (a)  The change in law made by this Act applies
    2-4  only to the seizure of a weapon related to an offense committed on
    2-5  or after the effective date of this Act.  For purposes of this
    2-6  section, an offense is committed before the effective date if any
    2-7  element of the offense occurs before the effective date.
    2-8        (b)  The seizure of a weapon related to an offense committed
    2-9  before the effective date of this Act is covered by the law in
   2-10  effect when the offense was committed, and that law is continued in
   2-11  effect for that purpose.
   2-12        SECTION 3.  This Act takes effect September 1, 1993.
   2-13        SECTION 4.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency and an imperative public necessity that the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended.