SRC-BWC S.B. 494 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 494
77R5034 JMG-DBy: Bernsen
Criminal Justice
2/16/2001
As Filed


DIGEST AND PURPOSE 

Currently, the Code of Criminal Procedure mandates that weapons seized in
connection with an offense under the Penal Code are to be destroyed or
forfeited to the state for use by the law enforcement agency holding the
weapons in certain cases.  As proposed, S.B. 494 requires the weapons to be
forfeited to the Department of Public Safety (DPS) which will then
determine if the weapons will be destroyed, transferred to a law
enforcement agency, or sold at a public sale to licensed firearms dealers.
S.B. 494 sets out time limits for the forfeiture and storage of the
weapons.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Public Safety Commission
in SECTION 1 (Article 18.19, Code of Criminal Procedure) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 18.19, Code of Criminal Procedure, by amending
Subsections (d) and (e) and adding Subsections (f)-(h), as follows: 

 (d)  Makes conforming changes.

(e)  Requires the court entering judgment of conviction, subject to the
provisions of Subsection (f), to order the weapon to be forfeited to the
state, rather than destroyed, if the person found in possession of a weapon
is convicted of an offense involving the use of the weapon. 

(f)  Requires the court to enter an order requiring the agency to destroy
the weapon or permitting the agency to use the weapon for a law enforcement
purpose, if the law enforcement agency holding a weapon ordered forfeited
under Subsection (d) or (e) is the law enforcement agency of a municipality
that has a population of 30,000 or less. 
 
(g)  Requires a law enforcement agency other than one described by
Subsection (f) to transfer a forfeited weapon to the Department of Public
Safety (department) not later than 90 days after the court orders
forfeiture. 

(h)  Requires the department to determine the value of a weapon when it has
been forfeited to the department.  Requires the department to destroy
weapons of no value or transfer weapons of value to a designated law
enforcement agency or sold at public sale not later than the 120th day
after the weapon was transferred to the department.  Authorizes only a
firearms dealer licensed under 18 U.S.C. Section 923 to purchase a weapon
at a public sale under this subsection.  Authorizes the department to
extend the sale of the weapons from 120 days to 180 days if it is
determined that there are not enough weapons to hold a public sale before
the 120th day.  Requires the department to transfer the weapon to a law
enforcement agency if the department is unable to meet the deadline
established by this subdivision.   

Authorizes the department to retain five percent of funds received from
sales under this  subsection to assist the department in administering this
subsection.  Requires the comptroller to deposit the remainder of funds
received from sales to the credit of the law enforcement safety account in
the general revenue fund.  Authorizes the legislature to appropriate money
from the account to the criminal justice division of the governor's office,
which can only use the funds to make grants to local law enforcement
agencies that participate in the disposition of seized weapons under
Subsection (g) for the purchase of safety equipment.  Requires the Public
Safety Commission to adopt rules to carry out the provisions of this
subsection. 

SECTION 2.  Effective date:  September 1, 2001.
                       Make application of this Act prospective.