78R2362 KCR-F


By:  Brown of Kaufman                                             H.B. No. 559



A BILL TO BE ENTITLED

AN ACT

relating to the disposition of certain contraband.                            
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Articles 18.18(f) and (g), Code of Criminal 
Procedure, are amended to read as follows:
	(f)  If a person timely appears to show cause why the 
property or proceeds should not be destroyed or forfeited, the 
magistrate shall conduct a hearing on the issue and determine the 
nature of property or proceeds and the person's interest therein.  
Unless the person proves by a preponderance of the evidence that the 
property or proceeds is not gambling equipment, altered gambling 
equipment, gambling paraphernalia, gambling device, gambling 
proceeds, prohibited weapon, obscene device or material, criminal 
instrument, or dog-fighting equipment and that he is entitled to 
possession, the magistrate shall dispose of the property or 
proceeds in accordance with Paragraph (a) of this article.
	(g)  For purposes of this article:                                             
		(1)  "criminal instrument" has the meaning defined in 
the Penal Code;       
		(2)  "gambling device or equipment, altered gambling 
equipment or gambling paraphernalia" has the meaning defined in the 
Penal Code;
		(3)  "prohibited weapon" has the meaning defined in the 
Penal Code; [and]
		(4)  "dog-fighting equipment" means:                                          
			(A)  equipment used for training or handling a 
fighting dog, including a harness, treadmill, cage, decoy, pen, 
house for keeping a fighting dog, feeding apparatus, or training 
pen;
			(B)  equipment used for transporting a fighting 
dog, including any automobile, or other vehicle, and its 
appurtenances which are intended to be used as a vehicle for 
transporting a fighting dog;
			(C)  equipment used to promote or advertise an 
exhibition of dog fighting, including a printing press or similar 
equipment, paper, ink, or photography equipment; or
			(D)  a dog trained, being trained, or intended to 
be used to fight with another dog; and
		(5)  [.(6)]  "obscene device [or material]" and 
"obscene" have the meanings assigned by Section 43.21, Penal Code
[means a device or material introduced into evidence and thereafter 
found obscene by virtue of a final judgment after all appellate 
remedies have been exhausted].
	SECTION 2.  This Act takes effect September 1, 2003.  The 
change in law made by this Act applies only to the disposition of an 
obscene device or material seized on or after September 1, 2003.  
The disposition of an obscene device or material seized before 
September 1, 2003, is covered by the law in effect when the device 
or material was seized, and the former law is preserved for that 
purpose.