| 1 | 1 | | S.B. No. 1774 |
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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 disposal of certain exhibits used in criminal |
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| 6 | 6 | | proceedings in certain counties. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Article 2.21, Code of Criminal Procedure, is |
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| 9 | 9 | | amended by amending Subsections (f) and (i) and adding Subsection |
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| 10 | 10 | | (f-1) to read as follows: |
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| 11 | 11 | | (f) Subject to Subsections (g), (h), (i), and (j), a [A] |
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| 12 | 12 | | clerk [in a county with a population of 1.7 million or more] may |
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| 13 | 13 | | dispose of an eligible exhibit or may deliver the eligible exhibit |
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| 14 | 14 | | to the county purchasing agent for disposal as surplus or salvage |
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| 15 | 15 | | property under Section 263.152, Local Government Code, [on the date |
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| 16 | 16 | | provided by Subsection (e) of this article] if on the [that] date |
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| 17 | 17 | | provided by Subsection (e) the clerk has not received a request for |
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| 18 | 18 | | the exhibit from either the attorney representing the state in the |
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| 19 | 19 | | case or the attorney representing the defendant. |
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| 20 | 20 | | (f-1) Notwithstanding Section 263.156, Local Government |
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| 21 | 21 | | Code, or any other law, the commissioners court shall remit 50 |
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| 22 | 22 | | percent of any proceeds of the disposal of an eligible exhibit as |
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| 23 | 23 | | surplus or salvage property as described by Subsection (f), less |
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| 24 | 24 | | the reasonable expense of keeping the exhibit before disposal and |
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| 25 | 25 | | the costs of that disposal, to each of the following: |
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| 26 | 26 | | (1) the county treasury, to be used only to defray the |
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| 27 | 27 | | costs incurred by the district clerk of the county for the |
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| 28 | 28 | | management, maintenance, or destruction of eligible exhibits in the |
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| 29 | 29 | | county; and |
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| 30 | 30 | | (2) the state treasury to the credit of the |
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| 31 | 31 | | compensation to victims of crime fund established under Subchapter |
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| 32 | 32 | | B, Chapter 56. |
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| 33 | 33 | | (i) If a request is not received by a clerk covered by |
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| 34 | 34 | | Subsection (g) [of this article] before the 31st day after the date |
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| 35 | 35 | | of notice, the clerk may dispose of the eligible exhibit in the |
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| 36 | 36 | | manner permitted by this article, including the delivery of the |
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| 37 | 37 | | eligible exhibit for disposal as surplus or salvage property as |
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| 38 | 38 | | described by Subsection (f). |
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| 39 | 39 | | SECTION 2. This Act takes effect September 1, 2009. |
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| 40 | 40 | | ______________________________ ______________________________ |
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| 41 | 41 | | President of the Senate Speaker of the House |
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| 42 | 42 | | I hereby certify that S.B. No. 1774 passed the Senate on |
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| 43 | 43 | | April 30, 2009, by the following vote: Yeas 31, Nays 0; and that |
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| 44 | 44 | | the Senate concurred in House amendment on May 28, 2009, by the |
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| 45 | 45 | | following vote: Yeas 31, Nays 0. |
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| 46 | 46 | | ______________________________ |
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| 47 | 47 | | Secretary of the Senate |
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| 48 | 48 | | I hereby certify that S.B. No. 1774 passed the House, with |
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| 49 | 49 | | amendment, on May 15, 2009, by the following vote: Yeas 144, |
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| 50 | 50 | | Nays 0, one present not voting. |
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| 51 | 51 | | ______________________________ |
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| 52 | 52 | | Chief Clerk of the House |
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| 53 | 53 | | Approved: |
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| 54 | 54 | | ______________________________ |
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| 55 | 55 | | Date |
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| 56 | 56 | | ______________________________ |
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| 57 | 57 | | Governor |
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