By West                                                H.B. No. 837

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the disposition of stolen property pending the trial of

 1-3     an offense involving the theft of the property.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Article 47.02, Code of Criminal Procedure, is

 1-6     amended to read as follows:

 1-7           Art. 47.02.  RESTORED ON TRIAL.  (a)  Upon the trial of any

 1-8     criminal action for theft, or for any other illegal acquisition of

 1-9     property which is by law a penal offense, the court trying the case

1-10     shall order the property to be restored to the person appearing by

1-11     the proof to be the owner of the same.

1-12           (b)  Likewise, the judge of any court in which the trial of

1-13     any criminal action for theft or any other illegal acquisition of

1-14     property which is by law a penal offense is pending may, upon

1-15     hearing, if it is proved to the satisfaction of the judge of said

1-16     court that any person is a true owner of the property alleged to

1-17     have been stolen, and which is in possession of a peace officer, by

1-18     written order, direct the property to be restored to such owner.

1-19           (c)  The court in which the trial is pending may authorize

1-20     any magistrate to hold  the hearing described by Subsection (b).

1-21     If at the hearing the magistrate determines that any person is the

1-22     true  owner of the property, the magistrate may direct the peace

1-23     officer  to restore the property to the owner, subject to a

1-24     requirement that the person make the property available to the

 2-1     court if necessary for evidentiary purposes.

 2-2           SECTION 2.  This Act takes effect September 1, 1997.

 2-3           SECTION 3.  The importance of this legislation and the

 2-4     crowded condition of the calendars in both houses create an

 2-5     emergency and an imperative public necessity that the

 2-6     constitutional rule requiring bills to be read on three several

 2-7     days in each house be suspended, and this rule is hereby suspended.