79R7069 UM-F

By:  Cook of Colorado                                             H.B. No. 2293



A BILL TO BE ENTITLED

AN ACT

relating to the disposition of seized weapons.                                
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Articles 18.19(c) and (e), Code of Criminal 
Procedure, are amended to read as follows:
	(c)  If there is no prosecution or conviction for an offense 
involving the weapon seized, the magistrate to whom the seizure was 
reported shall, before the 61st day after the date the magistrate 
determines that there will be no prosecution or conviction, notify 
in writing the person found in possession that the person is 
entitled to the weapon upon written request to the magistrate. The 
magistrate shall order the weapon returned to the person found in 
possession before the 61st day after the date the magistrate 
receives a request from the person.  If the weapon is not requested 
before the 61st day after the date of notification, the magistrate 
shall, before the 121st day after the date of notification, order 
the weapon destroyed or forfeited to the state for use by the law 
enforcement agency holding the weapon.  If the magistrate does not 
order the return, destruction, or forfeiture of the weapon within 
the applicable period prescribed by this subsection, the law 
enforcement agency holding the weapon may request an order of 
destruction or forfeiture of the weapon from the magistrate.
Notwithstanding any other provision of this subsection, if the 
magistrate determines that returning the weapon to the person found 
in possession of the weapon would cause that person to violate 
Section 46.04, Penal Code, the magistrate shall order the weapon 
destroyed or forfeited to the state for use by the law enforcement 
agency holding the weapon.
	(e)  If the person found in possession of a weapon is 
convicted of or receives deferred adjudication for an offense 
involving the use of the weapon, before the 61st day after the date 
of conviction or order of deferred adjudication the court entering 
judgment of conviction or entering an order of deferred 
adjudication shall order destruction of the weapon or forfeiture to 
the state for use by the law enforcement agency holding the weapon.  
If the court entering judgment of conviction or entering an order of 
deferred adjudication does not order the destruction or forfeiture 
of the weapon within the period prescribed by this subsection, the 
law enforcement agency holding the weapon may request an order of 
destruction or forfeiture of the weapon from a magistrate.
	SECTION 2.  The change in law made by this Act applies only 
to a weapon seized on or after the effective date of this Act.  A 
weapon seized before the effective date of this Act is covered by 
the law in effect when the weapon was seized, and the former law is 
continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.