81R16066 SJM-D
By: Hernandez H.B. No. 4427
Substitute the following for H.B. No. 4427:
By: Riddle C.S.H.B. No. 4427
A BILL TO BE ENTITLED
AN ACT
relating to the disposal of certain exhibits used in criminal
proceedings in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.21, Code of Criminal Procedure, is
amended by amending Subsection (f) and adding Subsection (f-1) to
read as follows:
(f) A clerk in a county with a population of 1.7 million or
more may dispose of an eligible exhibit or may deliver the eligible
exhibit to the county purchasing agent for disposal as surplus or
salvage property under Section 263.152, Local Government Code, [on
the date provided by Subsection (e) of this article] if on the
[that] date provided by Subsection (e) the clerk has not received a
request for the exhibit from either the attorney representing the
state in the case or the attorney representing the defendant.
(f-1) Notwithstanding Section 263.156, Local Government
Code, or any other law, the commissioners court shall remit 50
percent of any proceeds of the disposal of an eligible exhibit as
surplus or salvage property under Subsection (f), less the
reasonable expense of keeping the exhibit before disposal and the
costs of that disposal, to each of the following:
(1) the county treasury, to be used only to defray the
costs incurred by the county for the management, maintenance, or
destruction of eligible exhibits in the county; and
(2) the state treasury to the credit of the
compensation to victims of crime fund established under Subchapter
B, Chapter 56.
SECTION 2. This Act takes effect September 1, 2009.