| 1 | 1 | | H.B. No. 796 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the disposition of property alleged to have been |
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| 6 | 6 | | illegally acquired and to the use of the photographic evidence of |
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| 7 | 7 | | that property in a criminal action. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Article 38.34, Code of Criminal Procedure, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | Art. 38.34. PHOTOGRAPHIC EVIDENCE IN THEFT CASES. (a) In |
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| 12 | 12 | | this article [As used herein], [the term] "property" means any |
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| 13 | 13 | | tangible personal property [offered for sale or lease by a person |
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| 14 | 14 | | engaged in the business of selling goods or services to buyers]. |
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| 15 | 15 | | (b) A photograph of property that [which] a person is |
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| 16 | 16 | | alleged to have unlawfully appropriated with the intent to deprive |
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| 17 | 17 | | the owner of the [such] property is admissible into evidence under |
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| 18 | 18 | | rules of law governing the admissibility of photographs. The [and |
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| 19 | 19 | | such] photograph is as admissible in evidence as is the property |
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| 20 | 20 | | itself. |
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| 21 | 21 | | (c) The provisions of Article 18.16 [of this code] |
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| 22 | 22 | | concerning the bringing of stolen property before a magistrate for |
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| 23 | 23 | | examination are complied with if a photograph of the stolen |
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| 24 | 24 | | property is brought before the magistrate. |
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| 25 | 25 | | (d) The defendant's rights of discovery and inspection of |
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| 26 | 26 | | tangible physical evidence are satisfied if a photograph of the |
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| 27 | 27 | | [tangible] property is made available to the defendant by the state |
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| 28 | 28 | | on [upon] order of any court having jurisdiction over the cause. |
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| 29 | 29 | | SECTION 2. Article 47.02, Code of Criminal Procedure, is |
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| 30 | 30 | | amended to read as follows: |
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| 31 | 31 | | Art. 47.02. RESTORED ON TRIAL. (a) On [Upon] the trial of |
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| 32 | 32 | | any criminal action for theft[,] or [for] any other offense |
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| 33 | 33 | | involving the illegal acquisition of property [which is by law a |
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| 34 | 34 | | penal offense], the court trying the case shall order the property |
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| 35 | 35 | | to be restored to the person appearing by the proof to be the owner |
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| 36 | 36 | | of the property [same]. |
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| 37 | 37 | | (b) On written consent of the prosecuting attorney, any |
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| 38 | 38 | | magistrate having jurisdiction in the county in which a [Likewise, |
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| 39 | 39 | | the judge of any court in which the trial of any] criminal action |
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| 40 | 40 | | for theft or any other offense involving the illegal acquisition of |
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| 41 | 41 | | property [which is by law a penal offense] is pending may hold a[, |
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| 42 | 42 | | upon] hearing to determine the right to possession of the property. |
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| 43 | 43 | | If[, if] it is proved to the satisfaction of the magistrate [judge |
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| 44 | 44 | | of said court] that any person is a true owner of the property |
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| 45 | 45 | | alleged to have been stolen, and the property [which] is under the |
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| 46 | 46 | | control [in possession] of a peace officer, the magistrate may, by |
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| 47 | 47 | | written order, direct the property to be restored to that person |
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| 48 | 48 | | [such owner]. |
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| 49 | 49 | | [As to property subject to the Certificate of Title Act |
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| 50 | 50 | | (Chapter 501, Transportation Code), any magistrate having |
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| 51 | 51 | | jurisdiction in the county in which the criminal action is pending |
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| 52 | 52 | | may hold a hearing to determine the right to possession of the |
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| 53 | 53 | | property, even if a criminal action is pending, upon written |
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| 54 | 54 | | consent of the prosecuting attorney.] |
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| 55 | 55 | | SECTION 3. The changes in law made by this Act apply only to |
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| 56 | 56 | | a criminal action filed on or after the effective date of this Act |
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| 57 | 57 | | and to the admissibility of evidence in that action. A criminal |
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| 58 | 58 | | action filed before the effective date of this Act and the |
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| 59 | 59 | | admissibility of evidence in that action are covered by the law in |
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| 60 | 60 | | effect when the action was filed, and the former law is continued in |
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| 61 | 61 | | effect for that purpose. |
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| 62 | 62 | | SECTION 4. This Act takes effect September 1, 2009. |
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| 63 | 63 | | ______________________________ ______________________________ |
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| 64 | 64 | | President of the Senate Speaker of the House |
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| 65 | 65 | | I certify that H.B. No. 796 was passed by the House on May 1, |
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| 66 | 66 | | 2009, by the following vote: Yeas 138, Nays 0, 1 present, not |
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| 67 | 67 | | voting. |
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| 68 | 68 | | ______________________________ |
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| 69 | 69 | | Chief Clerk of the House |
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| 70 | 70 | | I certify that H.B. No. 796 was passed by the Senate on May |
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| 71 | 71 | | 26, 2009, by the following vote: Yeas 31, Nays 0. |
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| 72 | 72 | | ______________________________ |
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| 73 | 73 | | Secretary of the Senate |
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| 74 | 74 | | APPROVED: _____________________ |
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| 75 | 75 | | Date |
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| 76 | 76 | | _____________________ |
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| 77 | 77 | | Governor |
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