By Ratliff S.B. No. 272
74R2874 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the forfeiture or destruction of weapons belonging to
1-3 persons convicted of or receiving deferred adjudication for the
1-4 commission of certain crimes.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 18.19(d), Code of Criminal Procedure, is
1-7 amended to read as follows:
1-8 (d) A person either convicted or receiving deferred
1-9 adjudication under Penal Code Chapter 46 is entitled to the weapon
1-10 seized upon request to the law enforcement agency holding the
1-11 weapon. However, the court entering the judgment of conviction
1-12 shall order the weapon destroyed or forfeited to the state for use
1-13 by the law enforcement agency holding the weapon if:
1-14 (1) the person does not request the weapon within 60
1-15 days after the date of the judgment of conviction;
1-16 (2) the person has been previously convicted under
1-17 Penal Code Chapter 46;
1-18 (3) the weapon is one defined as a prohibited weapon
1-19 under Penal Code Chapter 46; <or>
1-20 (4) the offense for which the person is convicted or
1-21 receives deferred adjudication was committed in or on the premises
1-22 of a playground, school, video arcade facility, or youth center, as
1-23 those terms are defined by Section 481.134, Health and Safety Code;
1-24 or
2-1 (5) the court determines based on the prior criminal
2-2 history of the defendant or based on the circumstances surrounding
2-3 the commission of the offense that possession of the seized weapon
2-4 would pose a threat to the community or one or more individuals.
2-5 SECTION 2. This Act takes effect September 1, 1995, and
2-6 applies to a weapon involved in a criminal offense that is seized
2-7 by a law enforcement agency on or after that date.
2-8 SECTION 3. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.