BILL ANALYSIS


                                                         S.B. 272
                                                      By: Ratliff
                                                 Criminal Justice
                                                          4-28-95
                                       Committee Report (Amended)
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.