ACM H.B. 837 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 837
By: West, George "Buddy"
5-1-97
Committee Report (Amended)



BACKGROUND 

Article 47.02, Code of Criminal Procedure, details the procedure to be
followed, with criminal action pending, for the disposition of property
which a law enforcement officer has seized believing it 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 often delays the return
of the property and adds to the duties they already have. 

PURPOSE

HB 837, as proposed, would allow the court in which the trial is pending
to authorize any magistrate to hold the property disposition hearing
described in 47.02 and, upon decision and using the same satisfying test
of proof, restore the property to the rightful owner.  Appropriate
allowances are made to ensure property availability for purposes of
prosecution. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 47.02, Code of Criminal Procedure, by creating
new subsection (c) which provides that the court in which the trial is
pending may authorize a magistrate to hold a hearing to determine the true
owner of the property and that the magistrate may direct the peace officer
to restore the property to the owner subject to a requirement that the
person make the property available to the attorney representing the state
if necessary for prosecution purposes. 

SECTION 2.  Effective date: September 1, 1997.

SECTION 3.  Emergency Clause.


EXPLANATION OF AMENDMENTS

The committee amendment provides that the owner of the property is subject
to a requirement that the person make the property available to the court
if necessary for evidentiary purposes.