By Talton                                       H.B. No. 1862

      75R7789 GWK-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the disposition of certain property seized in

 1-3     connection with the commission of a criminal offense.

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

 1-5           SECTION 1.  Section 18.18(a), Code of Criminal Procedure, is

 1-6     amended to read as follows:

 1-7           (a)  Following the [final] conviction of or grant of deferred

 1-8     adjudication to a person for possession of a gambling device or

 1-9     equipment, altered gambling equipment, or gambling paraphernalia,

1-10     for an offense involving a criminal instrument, for an offense

1-11     involving an obscene device or material, the court entering the

1-12     judgment of conviction or grant of deferred adjudication shall

1-13     order that the machine, device, gambling equipment or gambling

1-14     paraphernalia, instrument, obscene device or material be destroyed

1-15     or forfeited to the state.  Not later than the 30th day after the

1-16     [final] conviction of or grant of deferred adjudication to a

1-17     person for an offense involving a prohibited weapon, the court

1-18     entering the judgment of conviction or grant of deferred

1-19     adjudication on its own motion, on the motion of the prosecuting

1-20     attorney in the case, or on the motion of the law enforcement

1-21     agency initiating the complaint on notice to the prosecuting

1-22     attorney in the case if the prosecutor fails to move for the order

1-23     shall order that the prohibited weapon be destroyed or forfeited to

1-24     the law enforcement agency that initiated the complaint.  If the

 2-1     court fails to enter the order within the time required by this

 2-2     subsection, any magistrate in the county in which the offense

 2-3     occurred may enter the order. Following the [final] conviction of

 2-4     or grant of deferred adjudication to a person for an offense

 2-5     involving dog  fighting, the court entering the judgment of

 2-6     conviction shall order that any dog-fighting equipment be destroyed

 2-7     or forfeited to the state.  Destruction of dogs, if necessary, must

 2-8     be carried out by a veterinarian licensed in this state or, if one

 2-9     is not available, by trained personnel of a humane society or an

2-10     animal shelter.  If forfeited, the court shall order the contraband

2-11     delivered to the state, any political subdivision of the state, or

2-12     to any state institution or agency.  If gambling proceeds were

2-13     seized, the court shall order them forfeited to the state and shall

2-14     transmit them to the grand jury of the county in which they were

2-15     seized for use in investigating alleged violations of the Penal

2-16     Code, or to the state, any political subdivision of the state, or

2-17     to any state institution or agency.

2-18           SECTION 2.  Section 18.19(d), Code of Criminal Procedure, is

2-19     amended to read as follows:

2-20           (d)  A person either convicted or receiving deferred

2-21     adjudication under Penal Code Chapter 46 is entitled to the weapon

2-22     seized upon request to the law enforcement agency holding the

2-23     weapon.  However, the court entering the judgment shall order the

2-24     weapon destroyed or forfeited to the state for use by the law

2-25     enforcement agency holding the weapon if:

2-26                 (1)  the person does not request the weapon within 60

2-27     days after the date of the judgment of conviction;

 3-1                 (2)  the person has been previously convicted under

 3-2     Penal Code Chapter 46;

 3-3                 (3)  the weapon is one defined as a prohibited weapon

 3-4     under Penal Code Chapter 46;

 3-5                 (4)  the offense for which the person is convicted or

 3-6     receives deferred adjudication was committed in or on the premises

 3-7     of a playground, school, video arcade facility, or youth center, as

 3-8     those terms are defined by  Section 481.134, Health and Safety

 3-9     Code;  [or]

3-10                 (5)  the court determines based on the prior criminal

3-11     history of the defendant or based on the circumstances surrounding

3-12     the commission of the offense that possession of the seized weapon

3-13     would pose a threat to the community or one or more individuals; or

3-14                 (6)  the person agrees to forfeiture of the weapon as a

3-15     condition of an acceptance by the court of the defendant's plea,

3-16     regardless of whether the condition is part of a plea agreement

3-17     between the person and the attorney representing the state.

3-18           SECTION 3.  This Act applies only to the disposition of

3-19     property  forfeited on the basis of a judgment of conviction or a

3-20     grant of deferred adjudication entered on or after the effective

3-21     date of this Act.  The disposition of property forfeited on the

3-22     basis of a judgment of conviction or a grant of deferred

3-23     adjudication entered before the effective date of this Act is

3-24     covered by the law in effect when the judgment or grant was

3-25     entered, and the former law is continued in effect for that

3-26     purpose.

3-27           SECTION 4.  This Act takes effect September 1, 1997.

 4-1           SECTION 5.  The importance of this legislation and the

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

 4-3     emergency and an imperative public necessity that the

 4-4     constitutional rule requiring bills to be read on three several

 4-5     days in each house be suspended, and this rule is hereby suspended.