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.