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.