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.