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. 1-38 * * * * *