1-1 By: Ratliff S.B. No. 272
1-2 (In the Senate - Filed January 19, 1995; January 23, 1995,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 28, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 6, Nays 0; April 28, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Moncrief
1-7 Amend S.B. No. 272 as follows:
1-8 On page 1, line 11 (committee printing page 1, line 21),
1-9 strike "of conviction".
1-10 A BILL TO BE ENTITLED
1-11 AN ACT
1-12 relating to the forfeiture or destruction of weapons belonging to
1-13 persons convicted of or receiving deferred adjudication for the
1-14 commission of certain crimes.
1-15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-16 SECTION 1. Subsection (d), Article 18.19, Code of Criminal
1-17 Procedure, is amended to read as follows:
1-18 (d) A person either convicted or receiving deferred
1-19 adjudication under Penal Code Chapter 46 is entitled to the weapon
1-20 seized upon request to the law enforcement agency holding the
1-21 weapon. However, the court entering the judgment of conviction
1-22 shall order the weapon destroyed or forfeited to the state for use
1-23 by the law enforcement agency holding the weapon if:
1-24 (1) the person does not request the weapon within 60
1-25 days after the date of the judgment of conviction;
1-26 (2) the person has been previously convicted under
1-27 Penal Code Chapter 46;
1-28 (3) the weapon is one defined as a prohibited weapon
1-29 under Penal Code Chapter 46; <or>
1-30 (4) the offense for which the person is convicted or
1-31 receives deferred adjudication was committed in or on the premises
1-32 of a playground, school, video arcade facility, or youth center, as
1-33 those terms are defined by Section 481.134, Health and Safety Code;
1-34 or
1-35 (5) the court determines based on the prior criminal
1-36 history of the defendant or based on the circumstances surrounding
1-37 the commission of the offense that possession of the seized weapon
1-38 would pose a threat to the community or one or more individuals.
1-39 SECTION 2. This Act takes effect September 1, 1995, and
1-40 applies to a weapon involved in a criminal offense that is seized
1-41 by a law enforcement agency on or after that date.
1-42 SECTION 3. The importance of this legislation and the
1-43 crowded condition of the calendars in both houses create an
1-44 emergency and an imperative public necessity that the
1-45 constitutional rule requiring bills to be read on three several
1-46 days in each house be suspended, and this rule is hereby suspended.
1-47 * * * * *