By Tillery H.B. No. 2592
75R7186 JMC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to judicial proceedings involving the disposition of
1-3 allegedly stolen property.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 47.01a, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 47.01a. RESTORATION OF ALLEGEDLY STOLEN PROPERTY [WHEN
1-8 NO TRIAL IS PENDING]. (a) A magistrate [If a criminal action
1-9 relating to allegedly stolen property is not pending, a district
1-10 judge, county court judge, statutory county court judge, or justice
1-11 of the peace having jurisdiction as a magistrate in the county in
1-12 which the property is held or a municipal judge having jurisdiction
1-13 as a magistrate in the municipality in which the property is being
1-14 held] may hold a hearing to determine the right to possession of
1-15 allegedly stolen [the] property[,] upon the petition of an
1-16 interested person, a county, a city, or the state. Jurisdiction
1-17 under this section is based solely on jurisdiction as a criminal
1-18 magistrate under this code and not jurisdiction as a civil court.
1-19 The court shall:
1-20 (1) order the property delivered to whoever has the
1-21 superior right to possession, without conditions; or
1-22 (2) on the filing of a written motion before trial by
1-23 an attorney representing the state, order the property delivered to
1-24 whoever has the superior right to possession, subject to the
2-1 condition that the property be made available to the prosecuting
2-2 authority should it be needed in future prosecutions; or
2-3 (3) order the property awarded to the custody of the
2-4 peace officer, pending resolution of criminal investigations
2-5 regarding the property.
2-6 (b) If it is shown in a hearing that probable cause exists
2-7 to believe that the property was acquired by theft or by another
2-8 manner that makes its acquisition an offense and that the identity
2-9 of the actual owner of the property cannot be determined, the court
2-10 shall order the peace officer to:
2-11 (1) deliver the property to a government agency for
2-12 official purposes;
2-13 (2) deliver the property to a person authorized by
2-14 Article 18.17 [of this code] to receive and dispose of the
2-15 property; or
2-16 (3) destroy the property.
2-17 (c) If ownership of the property cannot be determined, the
2-18 court may:
2-19 (1) require the claimant to post bond to secure the
2-20 return of the property on a finding by the court that the claimant
2-21 is not the true owner of the property; or
2-22 (2) order the sheriff to hold the property until the
2-23 court directs otherwise.
2-24 (d) At a hearing under Subsection (a) [of this article], any
2-25 interested person may present evidence showing that the property
2-26 was not acquired by theft or another offense or that the person is
2-27 entitled to possess the property. At the hearing, hearsay evidence
3-1 is admissible.
3-2 (e) [(d)] Venue for a hearing under this article is in a
3-3 court within the county in which the allegedly stolen property is
3-4 located [any justice, county, statutory county, or district court
3-5 in the county in which the property is seized or in any municipal
3-6 court in any municipality in which the property is seized], except
3-7 that the court may transfer venue to a court in another county on
3-8 the motion of any interested party.
3-9 SECTION 2. Articles 47.04 and 47.05, Code of Criminal
3-10 Procedure, are repealed.
3-11 SECTION 3. This Act takes effect September 1, 1997, and
3-12 applies only to property alleged to have been stolen that comes
3-13 into the custody of a peace officer on or after that date.
3-14 Property alleged to have been stolen that comes into the custody of
3-15 an officer before that date is subject to the law in effect when
3-16 the property came into the custody of the officer, and the former
3-17 law is continued in effect for that purpose.
3-18 SECTION 4. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.