AEZ H.B. 2592 75(R)BILL ANALYSIS CRIMINAL JURISPRUDENCE H.B. 2592 By: Tillery 4-2-97 Committee Report (Unamended) BACKGROUND Chapter 47, Code of Criminal Procedure, Disposition of Stolen Property, governs the disposition of stolen property. To regain possession of the vehicle if the vehicle is recovered within 14 days from the date it was reported stolen, the recovering agency may return the vehicle without a court order upon proof, such as certificate of title; if the vehicle is not recovered within 14 days and criminal trial is not pending, the victim may petition any magistrate to hold a hearing to determine right of possession. Upon proper proof, the magistrate may order the property back into the hands of the victim; or if a criminal trial is pending, and the vehicle is not recovered within 14 days, only the trial court in which the criminal case is pending may order the vehicle restored to the victim. Because of the backlog and priority given to more serious offenses, these hearings are rarely held. Moreover, these cases typically take anywhere from two to three years to resolve themselves. Because victims are required to pay storage fees of at least $15 a day, these excessive delays come at great expense and inconvenience. PURPOSE H.B. 2592, as proposed, would eliminate the distinction of whether or not a criminal case is pending trial. This bill would allow victims to petition a court to hold a possession hearing any time after the vehicle was recovered outside the 14 day window, whether or not a criminal case is pending trial. 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 47.01a of the Code of Criminal Procedure by renaming RESTORATION WHEN NO TRIAL IS PENDING to "RESTORATION OF ALLEGEDLY STOLEN PROPERTY." Subsection (a) is amended by striking language delineating who may hold a hearing when no criminal action is pending, and provides that any court may hold a hearing to determine the right to possession of allegedly stolen property upon petition of an interested person. Subsection (c) allows the court to require the claimant to post bond, or the sheriff to hold the property, if ownership of the property cannot be determined. Subsection (d) allows an interest person to present evidence at a hearing under subsection (a) showing that the property was not acquired by theft or another offense. Subsection (e) provides for the venue for a hearing under this article to be in a court within the county where the allegedly stolen property is located. SECTION 2.Articles 47.04 and 47.05 of the Code of Criminal Procedure are repealed. SECTION 3.Effective date: September 1, 1997. This act applies only to property alleged to have been stolen or comes into the custody of a peace officer on or after the effective date. SECTION 4. Emergency clause.