1-1     By:  Smith (Senate Sponsor - Harris)                  H.B. No. 2184
 1-2           (In the Senate - Received from the House May 2, 2001;
 1-3     May 3, 2001, read first time and referred to Committee on Criminal
 1-4     Justice; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 5, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the disposition of certain weapons seized as evidence
 1-9     in a criminal case.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Subsections (c), (d), and (e), Article 18.19, Code
1-12     of Criminal Procedure, are amended to read as follows:
1-13           (c)  If there is no prosecution or conviction for an offense
1-14     involving the weapon seized, the magistrate to whom the seizure was
1-15     reported shall, before the 61st day after the date the magistrate
1-16     determines that there will be no prosecution or conviction, notify
1-17     in writing the person found in possession that the person [he] is
1-18     entitled to the weapon upon written request to the magistrate
1-19     [court in which he was convicted]. The magistrate shall order the
1-20     weapon returned to the person found in possession before the 61st
1-21     day after the date the magistrate receives a request from the
1-22     person. If the weapon is not requested before the 61st day [within
1-23     60 days] after the date of notification, the magistrate shall,
1-24     before the 121st day after the date of notification, order the
1-25     weapon destroyed or forfeited to the state for use by the law
1-26     enforcement agency holding the weapon. If the magistrate does not
1-27     order the return, destruction, or forfeiture of the weapon within
1-28     the applicable period prescribed by this subsection, the law
1-29     enforcement agency holding the weapon may request an order of
1-30     destruction or forfeiture of the weapon from the magistrate.
1-31           (d)  A person either convicted or receiving deferred
1-32     adjudication under [Penal Code] Chapter 46, Penal Code, is entitled
1-33     to the weapon seized upon request to the court in which the person
1-34     was convicted or placed on deferred adjudication [law enforcement
1-35     agency holding the weapon].  However, the court entering the
1-36     judgment shall order the weapon destroyed or forfeited to the state
1-37     for use by the law enforcement agency holding the weapon if:
1-38                 (1)  the person does not request the weapon before the
1-39     61st day [within 60 days] after the date of the judgment of
1-40     conviction or the order placing the person on deferred
1-41     adjudication;
1-42                 (2)  the person has been previously convicted under
1-43     [Penal Code] Chapter 46, Penal Code;
1-44                 (3)  the weapon is one defined as a prohibited weapon
1-45     under [Penal Code] Chapter 46, Penal Code;
1-46                 (4)  the offense for which the person is convicted or
1-47     receives deferred adjudication was committed in or on the premises
1-48     of a playground, school, video arcade facility, or youth center, as
1-49     those terms are defined by Section 481.134, Health and Safety Code;
1-50     or
1-51                 (5)  the court determines based on the prior criminal
1-52     history of the defendant or based on the circumstances surrounding
1-53     the commission of the offense that possession of the seized weapon
1-54     would pose a threat to the community or one or more individuals.
1-55           (e)  If the person found in possession of a weapon is
1-56     convicted of an offense involving the use of the weapon, before the
1-57     61st day after the date of conviction the court entering judgment
1-58     of conviction shall order destruction of the weapon or forfeiture
1-59     to the state for use by the law enforcement agency holding the
1-60     weapon. If the court entering judgment of conviction does not order
1-61     the destruction or forfeiture of the weapon within the period
1-62     prescribed by this subsection, the law enforcement agency holding
1-63     the weapon may request an order of destruction or forfeiture of the
1-64     weapon from a magistrate.
 2-1           SECTION 2. This Act takes effect September 1, 2001, and
 2-2     applies only to a weapon forfeited on or after that date.
 2-3                                  * * * * *