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A BILL TO BE ENTITLED
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AN ACT
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relating to venue for the disposition of stolen property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 47.01a(a) and (d), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) If a criminal action relating to allegedly stolen |
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property is not pending, a district judge, county court judge, |
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statutory county court judge, or justice of the peace having |
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jurisdiction as a magistrate in the county in which the property is |
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held or in which the property was alleged to have been stolen or a |
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municipal judge having jurisdiction as a magistrate in the |
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municipality in which the property is being held or in which the |
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property was alleged to have been stolen may hold a hearing to |
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determine the right to possession of the property, upon the |
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petition of an interested person, a county, a city, or the state. |
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Jurisdiction under this article [section] is based solely on |
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jurisdiction as a criminal magistrate under this code and not |
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jurisdiction as a civil court. The court shall: |
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(1) order the property delivered to whoever has the |
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superior right to possession, without conditions; [or] |
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(2) on the filing of a written motion before trial by |
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an attorney representing the state, order the property delivered to |
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whoever has the superior right to possession, subject to the |
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condition that the property be made available to the prosecuting |
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authority should it be needed in future prosecutions; or |
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(3) order the property awarded to the custody of the |
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peace officer, pending resolution of criminal investigations |
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regarding the property. |
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(d) Venue for a hearing under this article is in any |
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justice, county, statutory county, or district court in the county |
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in which the property is seized or in which the property was alleged |
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to have been stolen or in any municipal court in any municipality in |
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which the property is seized or in which the property was alleged to |
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have been stolen, except that the court may transfer venue to a |
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court in another county on the motion of any interested party. |
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SECTION 2. Article 47.02(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) On written consent of the prosecuting attorney and |
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following an order described by Subsection (a), any magistrate |
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having jurisdiction in the county in which the property was alleged |
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to have been stolen or, if the [a] criminal action for theft or any |
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other offense involving the illegal acquisition of property is |
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pending in another county, the county in which the action is pending |
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may hold a hearing to determine the right to possession of the |
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property. If it is proved to the satisfaction of the magistrate |
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that any person is a true owner of the property alleged to have been |
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stolen, and the property is under the control of a peace officer, |
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the magistrate may, by written order, direct the property to be |
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restored to that person. |
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SECTION 3. This Act takes effect September 1, 2017. |