79R8000 RMB-D
By: Puente H.B. No. 2317
A BILL TO BE ENTITLED
AN ACT
relating to the seizure of property by law enforcement and to the
treatment of that property in a criminal proceeding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 2.21(b) and (c), Code of Criminal
Procedure, are amended to read as follows:
(b) At any time during or after a criminal proceeding, the
court reporter shall release for safekeeping any firearm or
contraband received as an exhibit in that proceeding to:
(1) the sheriff; or
(2) in a county with a population of 500,000 or more,
the law enforcement agency that collected, seized, or took
possession of the firearm or contraband or produced the firearm or
contraband at the proceeding [for safekeeping any firearm or
contraband received by the court as an exhibit in that proceeding].
(c) The sheriff or the law enforcement agency, as
applicable, shall receive and hold the exhibits consisting of
firearms or contraband and release them only to the person or
persons authorized by the court in which such exhibits have been
received or dispose of them as provided by Chapter 18 [of this
code].
SECTION 2. Article 18.09, Code of Criminal Procedure, is
amended to read as follows:
Art. 18.09. SHALL SEIZE ACCUSED AND PROPERTY. When the
property which the officer is directed to search for and seize is
found he shall take possession of the same and carry it before the
magistrate. He shall also arrest any person whom he is directed to
arrest by the warrant and immediately take such person before the
magistrate. For purposes of this chapter, "seizure," in the
context of property, means the restraint of property, whether by
physical force or by a display of an officer's authority, and
includes the collection of property or the act of finding or taking
possession of property.
SECTION 3. Article 59.01(8), Code of Criminal Procedure, is
amended to read as follows:
(8) "Seizure" means the restraint of property by a
peace officer under Article 59.03(a) or (b) of this code, whether
the officer restrains the property by physical force or by a display
of the officer's authority, and includes the collection of property
or the act of finding or taking possession of property.
SECTION 4. This Act takes effect September 1, 2005.