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.