By: Ratliff S.B. No. 272
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the forfeiture or destruction of weapons belonging to
1-2 persons convicted of or receiving deferred adjudication for the
1-3 commission of certain crimes.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (d), Article 18.19, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (d) A person either convicted or receiving deferred
1-8 adjudication under Penal Code Chapter 46 is entitled to the weapon
1-9 seized upon request to the law enforcement agency holding the
1-10 weapon. However, the court entering the judgment <of conviction>
1-11 shall order the weapon destroyed or forfeited to the state for use
1-12 by the law enforcement agency holding the weapon if:
1-13 (1) the person does not request the weapon within 60
1-14 days after the date of the judgment of conviction;
1-15 (2) the person has been previously convicted under
1-16 Penal Code Chapter 46;
1-17 (3) the weapon is one defined as a prohibited weapon
1-18 under Penal Code Chapter 46; <or>
1-19 (4) the offense for which the person is convicted or
1-20 receives deferred adjudication was committed in or on the premises
1-21 of a playground, school, video arcade facility, or youth center, as
1-22 those terms are defined by Section 481.134, Health and Safety Code;
1-23 or
1-24 (5) the court determines based on the prior criminal
2-1 history of the defendant or based on the circumstances surrounding
2-2 the commission of the offense that possession of the seized weapon
2-3 would pose a threat to the community or one or more individuals.
2-4 SECTION 2. This Act takes effect September 1, 1995, and
2-5 applies to a weapon involved in a criminal offense that is seized
2-6 by a law enforcement agency on or after that date.
2-7 SECTION 3. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.