1-1     By:  Tillery (Senate Sponsor - West)                  H.B. No. 2592

 1-2           (In the Senate - Received from the House May 1, 1997;

 1-3     May 2, 1997, read first time and referred to Committee on Criminal

 1-4     Justice; May 18, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 7, Nays 0; May 18, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 2592                    By:  West

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to disposition of stolen property.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Art. 47.02, Code of Criminal Procedure, is

1-13     amended to read as follows:

1-14           Upon the trial of any criminal action for theft, or for any

1-15     other illegal acquisition of property which is by law a penal

1-16     offense, the court trying the case shall order the property to be

1-17     restored to the person appearing by the proof to be the owner of

1-18     the same.

1-19           Likewise, the judge of any court in which the trial of any

1-20     criminal action for theft or any other illegal acquisition of

1-21     property which is by law a penal offense is pending may, upon

1-22     hearing, if it is proved to the satisfaction of the judge of said

1-23     court that any person is a true owner of the property alleged to

1-24     have been stolen, and which is in possession of a peace officer, by

1-25     written order, direct the property to be restored to such owner.

1-26           As to property subject to the Certificate of Title Act

1-27     (Article 6687-7, Vernon's Texas Civil Statutes), any magistrate

1-28     having jurisdiction in the county in which the criminal action is

1-29     pending may hold a hearing to determine the right to possession of

1-30     the property, even if a criminal action is pending, upon written

1-31     consent of the prosecuting attorney.

1-32           SECTION 2.  This Act takes effect September 1, 1997.

1-33           SECTION 3.  The importance of this legislation and the

1-34     crowded condition of the calendars in both houses create an

1-35     emergency and an imperative public necessity that the

1-36     constitutional rule requiring bills to be read on three several

1-37     days in each house be suspended, and this rule is hereby suspended.

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