BILL ANALYSIS S.B. 272 By: Ratliff (Kuempel) May 15, 1995 Committee Report (Unamended) BACKGROUND Currently, a person convicted for unlawful possession of a weapon under Chapter 46, Penal Code, may request and be granted the return of the weapon. Unless the person is a repeat offender under this chapter, the law enforcement agency must return the weapon. Students who bring their parent's weapons to school are punished, but the weapon may be returned to the parent upon request. PURPOSE As proposed, S.B. 272 requires a weapon to be destroyed or forfeited to a law enforcement agency if the weapon is seized under certain circumstances. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 18.19(d), Code of Criminal Procedure, to require a court entering a judgment to order a weapon destroyed or forfeited if, among others, the offense for which the person is convicted or receives deferred adjudication was committed in or on the premises of a playground, school, video arcade facility, or youth center as defined by Section 481.134, Health and Safety Code. SECTION 2. Effective date: September 1, 1995. Makes application of this Act prospective. SECTION 3. Emergency clause. SUMMARY OF COMMITTEE ACTION SB 272 was considered by the full committee in a formal meeting on May 15, 1995. SB 272 was reported favorably without amendment, with the recommendation that it do pass and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.