By Staples S.B. No. 421
77R972 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disposition of stolen property.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 47.01, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 47.01. SUBJECT TO ORDER OF COURT. (a) Except as
1-7 provided by Subsection (b), an [An] officer who comes into custody
1-8 of property alleged to have been stolen must hold it subject to the
1-9 order of the proper court.
1-10 (b) An officer is not required to hold property as described
1-11 by Subsection (a) and may release the property to a person who
1-12 establishes ownership of the property as described by Subsection
1-13 (c) if the officer recovers the property:
1-14 (1) within 24 hours of the time the property was
1-15 reported stolen; or
1-16 (2) not later than the 14th day after the date the
1-17 property was reported stolen and the property:
1-18 (A) is subject to Chapter 501, Transportation
1-19 Code; or
1-20 (B) bears a serial number or other permanent
1-21 identification marking that is discernible in its entirety to the
1-22 officer.
1-23 (c) Ownership is established for purposes of Subsection (b)
1-24 as follows:
2-1 (1) for property described by Subsection (b)(1), if
2-2 the officer has no doubt under existing circumstances as to the
2-3 ownership of the property;
2-4 (2) for property described by Subsection (b)(2)(A), if
2-5 the certificate of title to the property bears the name of the
2-6 person seeking to establish ownership of the property; or
2-7 (3) for property described by Subsection (b)(2)(B), if
2-8 the serial number or other permanent identification marking on the
2-9 property provides the officer with satisfactory proof that the
2-10 person seeking to establish ownership of the property is the owner
2-11 of the property[, except that if the officer recovers, within 14
2-12 days from the date it was reported stolen, property which is
2-13 subject to Chapter 501, Transportation Code, the officer need not
2-14 hold the property subject to the order of the proper court but may
2-15 release the property to the owner, as shown on the certificate of
2-16 title].
2-17 SECTION 2. The change in the law made by this Act applies
2-18 only to property alleged to have been stolen that comes into the
2-19 custody of a peace officer on or after the effective date of this
2-20 Act. Property alleged to have been stolen that comes into the
2-21 custody of an officer before that date is subject to the law in
2-22 effect when the property came into the custody of the officer, and
2-23 the former law is continued in effect for that purpose.
2-24 SECTION 3. This Act takes effect immediately if it receives a
2-25 vote of two-thirds of all the members elected to each house, as
2-26 provided by Section 39, Article III, Texas Constitution. If this
2-27 Act does not receive the vote necessary for immediate effect, this
3-1 Act takes effect September 1, 2001.