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.