SRC-JRN C.S.H.B. 2592 75(R)   BILL ANALYSIS


Senate Research Center   C.S.H.B. 2592
By: Tillery (West)
Criminal Justice
5-18-97
Committee Report (Substituted)


DIGEST 

Currently, Texas law requires a hearing to be held in order for an owner
to reclaim stolen property. Because of the backlog and priority for
hearings given to more serious offenses, hearings regarding stolen
property are rarely held.  This bill eliminates the distinction between
criminal cases pending trial and stolen property cases. 

PURPOSE

As proposed, C.S.H.B. 2592 eliminates the distinction between criminal
cases pending trial and stolen property cases. 

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
any magistrate having jurisdiction in the county in which a criminal
action is pending to hold a hearing to determine the right to possession
of the property that is subject to Article 6687-7, V.T.C.S., even if a
criminal action is pending, upon written consent of the prosecuting
attorney. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Deletes proposed SECTION 1.  Amends Article 47.02, Code of Criminal
Procedure, to authorize any magistrate having jurisdiction in the county
in which a criminal action is pending to hold a hearing to determine the
right to possession of the property that is subject to Article 6687-7,
V.T.C.S., even if a criminal action is pending, upon written consent of
the prosecuting attorney. 

SECTION 2.

Deletes proposed SECTION 2.  Redesignates effective date from SECTION 3.

SECTION 3.

Redesignates emergency clause from SECTION 4.  Deletes prospective clause.