By Smith H.B. No. 2184
77R5820 JMG-D
A BILL TO BE ENTITLED
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 notify in writing the person found in possession
1-10 that the person [he] is entitled to the weapon [upon request to the
1-11 court in which he was convicted]. If the weapon is not requested
1-12 before the 61st day [within 60 days] after the date of
1-13 notification, the magistrate shall order the weapon destroyed or
1-14 forfeited to the state for use by the law enforcement agency
1-15 holding the weapon.
1-16 (d) A person either convicted or receiving deferred
1-17 adjudication under [Penal Code] Chapter 46, Penal Code, is entitled
1-18 to the weapon seized upon request to the court in which the person
1-19 was convicted or placed on deferred adjudication [law enforcement
1-20 agency holding the weapon]. However, the court entering the
1-21 judgment shall order the weapon returned to the owner, destroyed,
1-22 or forfeited to the state for use by the law enforcement agency
1-23 holding the weapon if:
1-24 (1) the person does not request the weapon before the
2-1 61st day [within 60 days] after the date of the judgment of
2-2 conviction or the order placing the person on deferred
2-3 adjudication;
2-4 (2) the person has been previously convicted under
2-5 [Penal Code] Chapter 46, Penal Code;
2-6 (3) the weapon is one defined as a prohibited weapon
2-7 under [Penal Code] Chapter 46, Penal Code;
2-8 (4) the offense for which the person is convicted or
2-9 receives deferred adjudication was committed in or on the premises
2-10 of a playground, school, video arcade facility, or youth center, as
2-11 those terms are defined by Section 481.134, Health and Safety Code;
2-12 or
2-13 (5) the court determines based on the prior criminal
2-14 history of the defendant or based on the circumstances surrounding
2-15 the commission of the offense that possession of the seized weapon
2-16 would pose a threat to the community or one or more individuals.
2-17 (e) If the person found in possession of a weapon is
2-18 convicted of an offense involving the use of the weapon, before the
2-19 61st day after the date of conviction the court entering judgment
2-20 of conviction shall order the release or destruction of the weapon
2-21 or forfeiture to the state for use by the law enforcement agency
2-22 holding the weapon. If the court entering judgment of conviction
2-23 does not order the release, destruction, or forfeiture of the
2-24 weapon within the period prescribed by this subsection, the law
2-25 enforcement agency holding the weapon may request an order of
2-26 destruction or forfeiture of the weapon from a magistrate.
2-27 SECTION 2. This Act takes effect September 1, 2001, and
3-1 applies only to a weapon forfeited on or after that date.