H.B. 1663 78(R)    BILL ANALYSIS


H.B. 1663
By: Castro
Law Enforcement
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under current law, when a weapon is seized in connection with an offense,
authorities turn the weapon over to the magistrate or court with
jurisdiction over the offense.  If the weapon is not requested by the
person found in possession within a period prescribed by law, the
magistrate or court may order it to be either destroyed or forfeited to
the state for use by the law enforcement agency holding the weapon.
However, current law does not allow county forensic laboratories access to
these weapons.  Many firearms that county labs could use for research are
being destroyed, resulting in lost data and depriving these labs of a
variety of weapons that could aid in the production of more accurate
research.  County lab examiners often disassemble and study firearms
before testifying on a specific firearm, use firearms for essential parts
in order to test fire other weapons, and gather information on general
rifling characteristics of specific firearms.  With more weapons in their
possession, county labs could gain more knowledge of how various firearms
operate and the characteristics they possess.  House Bill 1663 addresses
this issue by allowing county forensic labs access to seized weapons in
certain situations.          


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 
 

ANALYSIS

SECTION 1.   House Bill 1663 amends Article 18.19 of the Code of Criminal
Procedure by authorizing a magistrate or court to order that a weapon
seized in connection with an offense, if not returned to the person found
in possession of the weapon within the period prescribed by law, be
forfeited to the state for use by a county forensic laboratory designated
by the magistrate or court. 

SECTION 2.   The change in law made by this Act applies only to the
disposition of a weapon seized on or after the effective date of this Act.
The former law is continued in effect for the disposition of a weapon
seized before the effective date of this Act. 

EFFECTIVE DATE

This Act takes effect September 1, 2003.