HBA-JEK H.B. 2184 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2184
By: Smith
Public Safety
4/6/2001
Introduced



BACKGROUND AND PURPOSE 

Current law regarding the disposition of seized weapons provides unclear
time frames in which courts and magistrates must function and sometimes
leads to confusion over who a person is required to contact to request the
return of a seized weapon.  The law has resulted in an excessive
accumulation of seized weapons in the storage of evidence and established
circuitous methods by which individuals are entitled to retrieve their
weapons.  House Bill 2184 clarifies and modifies provisions regarding the
disposition of certain seized weapons. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2184 amends the Code of Criminal Procedure to provide that a
person who is either convicted or receiving deferred adjudication for a
weapons violation is entitled to the person's seized weapon upon request to
the court in which the person was convicted or placed on deferred
adjudication.  The bill authorizes the court entering the judgment to
return the weapon to the owner even if the person does not request the
return of the weapon within a specified time period, the person was
previously convicted on a weapons charge, the weapon is a prohibited
weapon, or if the offense was committed on the premises of a playground,
school, video arcade facility, or youth center.  If the court entering
judgment of conviction does not order the release, destruction, or
forfeiture of the weapon within the prescribed period, the law enforcement
agency holding the weapon is authorized to request an order of destruction
or forfeiture of the weapon from a magistrate.  

EFFECTIVE DATE

September 1, 2001.