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.