1-1 AN ACT
1-2 relating to the disposition of certain weapons seized as evidence
1-3 in a criminal case.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsections (c), (d), and (e), Article 18.19, Code
1-6 of Criminal Procedure, are amended to read as follows:
1-7 (c) If there is no prosecution or conviction for an offense
1-8 involving the weapon seized, the magistrate to whom the seizure was
1-9 reported shall, before the 61st day after the date the magistrate
1-10 determines that there will be no prosecution or conviction, notify
1-11 in writing the person found in possession that the person [he] is
1-12 entitled to the weapon upon written request to the magistrate
1-13 [court in which he was convicted]. The magistrate shall order the
1-14 weapon returned to the person found in possession before the 61st
1-15 day after the date the magistrate receives a request from the
1-16 person. If the weapon is not requested before the 61st day [within
1-17 60 days] after the date of notification, the magistrate shall,
1-18 before the 121st day after the date of notification, order the
1-19 weapon destroyed or forfeited to the state for use by the law
1-20 enforcement agency holding the weapon. If the magistrate does not
1-21 order the return, destruction, or forfeiture of the weapon within
1-22 the applicable period prescribed by this subsection, the law
1-23 enforcement agency holding the weapon may request an order of
1-24 destruction or forfeiture of the weapon from the magistrate.
2-1 (d) A person either convicted or receiving deferred
2-2 adjudication under [Penal Code] Chapter 46, Penal Code, is entitled
2-3 to the weapon seized upon request to the court in which the person
2-4 was convicted or placed on deferred adjudication [law enforcement
2-5 agency holding the weapon]. However, the court entering the
2-6 judgment shall order the weapon destroyed or forfeited to the state
2-7 for use by the law enforcement agency holding the weapon if:
2-8 (1) the person does not request the weapon before the
2-9 61st day [within 60 days] after the date of the judgment of
2-10 conviction or the order placing the person on deferred
2-11 adjudication;
2-12 (2) the person has been previously convicted under
2-13 [Penal Code] Chapter 46, Penal Code;
2-14 (3) the weapon is one defined as a prohibited weapon
2-15 under [Penal Code] Chapter 46, Penal Code;
2-16 (4) the offense for which the person is convicted or
2-17 receives deferred adjudication was committed in or on the premises
2-18 of a playground, school, video arcade facility, or youth center, as
2-19 those terms are defined by Section 481.134, Health and Safety Code;
2-20 or
2-21 (5) the court determines based on the prior criminal
2-22 history of the defendant or based on the circumstances surrounding
2-23 the commission of the offense that possession of the seized weapon
2-24 would pose a threat to the community or one or more individuals.
2-25 (e) If the person found in possession of a weapon is
2-26 convicted of an offense involving the use of the weapon, before the
2-27 61st day after the date of conviction the court entering judgment
3-1 of conviction shall order destruction of the weapon or forfeiture
3-2 to the state for use by the law enforcement agency holding the
3-3 weapon. If the court entering judgment of conviction does not order
3-4 the destruction or forfeiture of the weapon within the period
3-5 prescribed by this subsection, the law enforcement agency holding
3-6 the weapon may request an order of destruction or forfeiture of the
3-7 weapon from a magistrate.
3-8 SECTION 2. This Act takes effect September 1, 2001, and
3-9 applies only to a weapon forfeited on or after that date.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2184 was passed by the House on May
1, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2184 was passed by the Senate on May
22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor