By Turner of Coleman H.B. No. 1122
77R5034 JMG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to allowing the Department of Public Safety to sell
1-3 certain confiscated firearms.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 18.19, Code of Criminal Procedure, is
1-6 amended by amending Subsections (d) and (e) and adding Subsections
1-7 (f)-(h) to read as follows:
1-8 (d) A person either convicted or receiving deferred
1-9 adjudication under Penal Code Chapter 46 is entitled to the weapon
1-10 seized upon request to the law enforcement agency holding the
1-11 weapon. However, subject to Subsection (f), the court entering the
1-12 judgment shall order the weapon [destroyed or] forfeited to the
1-13 state [for use by the law enforcement agency holding the weapon]
1-14 if:
1-15 (1) the person does not request the weapon within 60
1-16 days after the date of the judgment of conviction;
1-17 (2) the person has been previously convicted under
1-18 Penal Code Chapter 46;
1-19 (3) the weapon is one defined as a prohibited weapon
1-20 under Penal Code Chapter 46;
1-21 (4) the offense for which the person is convicted or
1-22 receives deferred adjudication was committed in or on the premises
1-23 of a playground, school, video arcade facility, or youth center, as
1-24 those terms are defined by Section 481.134, Health and Safety Code;
2-1 or
2-2 (5) the court determines based on the prior criminal
2-3 history of the defendant or based on the circumstances surrounding
2-4 the commission of the offense that possession of the seized weapon
2-5 would pose a threat to the community or one or more individuals.
2-6 (e) If the person found in possession of a weapon is
2-7 convicted of an offense involving the use of the weapon, the court
2-8 entering judgment of conviction, subject to the provisions of
2-9 Subsection (f), shall order [destruction of] the weapon to be
2-10 forfeited [or forfeiture] to the state [for use by the law
2-11 enforcement agency holding the weapon].
2-12 (f) If the law enforcement agency holding a weapon ordered
2-13 forfeited under Subsection (d) or (e) is the law enforcement agency
2-14 of a municipality that has a population of 30,000 or less, the
2-15 court shall enter an order requiring the agency to destroy the
2-16 weapon or permitting the agency to use the weapon for a law
2-17 enforcement purpose.
2-18 (g) A law enforcement agency other than an agency described
2-19 by Subsection (f) holding a weapon ordered forfeited under
2-20 Subsection (d) or (e) shall transfer the weapon to the Department
2-21 of Public Safety not later than the 90th day after the date the
2-22 court orders the forfeiture.
2-23 (h)(1) When a weapon is forfeited to the Department of
2-24 Public Safety, the department shall determine the value of the
2-25 weapon. A weapon found to be without value shall be destroyed not
2-26 later than the 120th day after the date the weapon is transferred
2-27 to the department. A weapon found to be of value, not later than
3-1 the 120th day after the date the weapon is transferred to the
3-2 department, shall be designated for use by a law enforcement agency
3-3 and transferred to the agency or sold at public sale. Only a
3-4 firearms dealer licensed under 18 U.S.C. Section 923 may purchase a
3-5 weapon at public sale under this subsection.
3-6 (2) If the department determines that there is not a
3-7 sufficient number of other forfeited weapons to hold a public sale
3-8 within 120 days of receipt of the weapon, the department may sell
3-9 the weapon at a public sale within 180 days of receipt of the
3-10 weapon. If the department is unable to meet the deadline
3-11 established by this subdivision, the department shall transfer the
3-12 weapon to a law enforcement agency.
3-13 (3) The Department of Public Safety may retain five
3-14 percent of funds received from sales under this subsection to
3-15 assist the department in administering this subsection. The
3-16 comptroller shall deposit the remainder of funds received from
3-17 sales under this subsection to the credit of the law enforcement
3-18 safety account in the general revenue fund. The legislature may
3-19 appropriate money from the account to the criminal justice division
3-20 of the governor's office.
3-21 (4) The criminal justice division may use funds
3-22 appropriated to the division under this subsection only to make
3-23 grants to local law enforcement agencies that participate in the
3-24 disposition of seized weapons under Subsection (g) for the purchase
3-25 of safety equipment.
3-26 (5) The Public Safety Commission shall adopt rules to
3-27 carry out the provisions of this subsection.
4-1 SECTION 2. This Act takes effect September 1, 2001, and
4-2 applies only to a weapon forfeited on or after that date.