81R3523 PEP-F
By: Smith of Tarrant H.B. No. 796
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of property alleged to have been
illegally acquired and to the use of the photographic evidence of
that property in a criminal action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 38.34, Code of Criminal Procedure, is
amended to read as follows:
Art. 38.34. PHOTOGRAPHIC EVIDENCE IN THEFT CASES. (a) In
this article [As used herein], [the term] "property" means any
tangible personal property [offered for sale or lease by a person
engaged in the business of selling goods or services to buyers].
(b) A photograph of property that [which] a person is
alleged to have unlawfully appropriated with the intent to deprive
the owner of the [such] property is admissible into evidence under
rules of law governing the admissibility of photographs. The [and
such] photograph is as admissible in evidence as is the property
itself.
(c) The provisions of Article 18.16 [of this code]
concerning the bringing of stolen property before a magistrate for
examination are complied with if a photograph of the stolen
property is brought before the magistrate.
(d) The defendant's rights of discovery and inspection of
tangible physical evidence are satisfied if a photograph of the
[tangible] property is made available to the defendant by the state
on [upon] order of any court having jurisdiction over the cause.
SECTION 2. Article 47.02, Code of Criminal Procedure, is
amended to read as follows:
Art. 47.02. RESTORED ON TRIAL. (a) On [Upon] the trial of
any criminal action for theft[,] or [for] any other offense
involving the illegal acquisition of property [which is by law a
penal offense], the court trying the case shall order the property
to be restored to the person appearing by the proof to be the owner
of the property [same].
(b) On written consent of the prosecuting attorney, any
magistrate having jurisdiction in the county in which a [Likewise,
the judge of any court in which the trial of any] criminal action
for theft or any other offense involving the illegal acquisition of
property [which is by law a penal offense] is pending may hold a[,
upon] hearing to determine the right to possession of the property.
If[, if] it is proved to the satisfaction of the magistrate [judge
of said court] that any person is a true owner of the property
alleged to have been stolen, and the property [which] is under the
control [in possession] of a peace officer, the magistrate may, by
written order, direct the property to be restored to that person
[such owner].
[As to property subject to the Certificate of Title Act
(Chapter 501, Transportation Code), any magistrate having
jurisdiction in the county in which the criminal action is pending
may hold a hearing to determine the right to possession of the
property, even if a criminal action is pending, upon written
consent of the prosecuting attorney.]
SECTION 3. The changes in law made by this Act apply only to
a criminal action filed on or after the effective date of this Act
and to the admissibility of evidence in that action. A criminal
action filed before the effective date of this Act and the
admissibility of evidence in that action are covered by the law in
effect when the action was filed, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2009.