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 * * * * *