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AN ACT
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relating to the disposition of property alleged to have been |
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illegally acquired and to the use of the photographic evidence of |
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that property in a criminal action. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 38.34, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 38.34. PHOTOGRAPHIC EVIDENCE IN THEFT CASES. (a) In |
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this article [As used herein], [the term] "property" means any |
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tangible personal property [offered for sale or lease by a person
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engaged in the business of selling goods or services to buyers]. |
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(b) A photograph of property that [which] a person is |
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alleged to have unlawfully appropriated with the intent to deprive |
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the owner of the [such] property is admissible into evidence under |
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rules of law governing the admissibility of photographs. The [and
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such] photograph is as admissible in evidence as is the property |
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itself. |
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(c) The provisions of Article 18.16 [of this code] |
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concerning the bringing of stolen property before a magistrate for |
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examination are complied with if a photograph of the stolen |
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property is brought before the magistrate. |
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(d) The defendant's rights of discovery and inspection of |
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tangible physical evidence are satisfied if a photograph of the |
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[tangible] property is made available to the defendant by the state |
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on [upon] order of any court having jurisdiction over the cause. |
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SECTION 2. Article 47.02, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 47.02. RESTORED ON TRIAL. (a) On [Upon] the trial of |
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any criminal action for theft[,] or [for] any other offense |
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involving the illegal acquisition of property [which is by law a
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penal offense], the court trying the case shall order the property |
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to be restored to the person appearing by the proof to be the owner |
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of the property [same]. |
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(b) On written consent of the prosecuting attorney, any |
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magistrate having jurisdiction in the county in which a [Likewise,
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the judge of any court in which the trial of any] criminal action |
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for theft or any other offense involving the illegal acquisition of |
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property [which is by law a penal offense] is pending may hold a[,
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upon] hearing to determine the right to possession of the property. |
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If[, if] it is proved to the satisfaction of the magistrate [judge
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of said court] that any person is a true owner of the property |
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alleged to have been stolen, and the property [which] is under the |
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control [in possession] of a peace officer, the magistrate may, by |
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written order, direct the property to be restored to that person |
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[such owner]. |
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[As to property subject to the Certificate of Title Act
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(Chapter 501, Transportation Code), any magistrate having
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jurisdiction in the county in which the criminal action is pending
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may hold a hearing to determine the right to possession of the
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property, even if a criminal action is pending, upon written
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consent of the prosecuting attorney.] |
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SECTION 3. The changes in law made by this Act apply only to |
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a criminal action filed on or after the effective date of this Act |
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and to the admissibility of evidence in that action. A criminal |
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action filed before the effective date of this Act and the |
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admissibility of evidence in that action are covered by the law in |
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effect when the action was filed, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 796 was passed by the House on May 1, |
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2009, by the following vote: Yeas 138, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 796 was passed by the Senate on May |
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26, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |