SRC-HRD H.B. 837 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 837
By: Duncan (West)
Criminal Justice
5-17-97
Engrossed


DIGEST 

Currently, Article 47.02, Code of Criminal Procedure, sets forth the
procedure to be followed, with criminal action pending, for the
disposition of property which a law enforcement officer has seized with
the belief that the property is stolen.  Under the current law, a district
judge, county judge, statutory county judge, justice of the peace, or
municipal judge may, as magistrate, conduct a hearing to determine who has
superior right to possession of the property.  The present language,
however, provides that the action must be done by the judge who has
jurisdiction over the criminal case. Considering the large caseloads of
these judges, this requirement sometimes delays the return of the property
and adds to the duties they already have.                     

H.B. 837 would allow the court in which the trial is pending to authorize
any magistrate to hold the property disposition hearing and, upon decision
and using the same satisfying test of proof, restore the property to the
rightful owner.  Appropriate allowances would be made to ensure property
availability for purposes of prosecution. 

PURPOSE

As proposed, H.B. 837 allows the court in which the trial is pending to
authorize any magistrate to hold a property disposition hearing regarding
property that may have been stolen and, upon decision and using the same
satisfying test of proof, restore the property to the rightful owner.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 47.02, Code of Criminal Procedure, to authorize
the court in which the trial is pending to authorize any magistrate to
hold the hearing described by Subsection (b). Authorizes the magistrate,
if at the hearing the magistrate determines that any person is the true
owner of the property, to direct the peace officer to restore to property
to the owner, subject to a requirement that the person make the property
available to the court if necessary for evidentiary purposes.  Makes
conforming changes. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.