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


Senate Research CenterC.S.S.B. 1262
77R10029 ATP-FBy: Brown, J. E. "Buster"
Criminal Justice
3/30/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, certain procedures are followed to process the return of stolen
property to its owner. C.S.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.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Differs from the original by amending previously proposed
changes to provisions regarding the holding of property alleged to have
been stolen.  Adds an exception as provided by Subsection (b).  Adds
provisions regarding the holding of certain property governed by Chapter
371 (Pawnshops), Finance Code, and alleged to have been stolen.