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                               * * * * *