SRC-JBJ S.B. 1262 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1262
By: Brown, J. E. "Buster"
Criminal Justice
5/28/2001
Enrolled


DIGEST AND PURPOSE 

Certain procedures are followed to process the return of stolen property to
its owner.  S.B. 1262 allows a law enforcement officer to return stolen
property to its owner without a property hearing if the ownership of the
property is not contested, with certain exceptions. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 47.01, Code of Criminal Procedure, as follows:

(a)  Requires an officer who comes into custody of property alleged to have
been stolen, except as provided by Subsection (b), to hold it subject to
the order of the proper court only if the ownership of the property is
contested or disputed.  Deletes existing text pertaining to an exception
from the requirement to hold stolen property.   

(b)  Requires an officer who comes into custody of property governed by
Chapter 371 (Pawnshops), Finance Code, that is alleged to have been stolen
to hold the property subject to the order of the proper court regardless of
whether the ownership of the property is contested or disputed. 

SECTION 2.  Effective date: September 1, 2001.