Texas 2013 - 83rd Regular

Texas House Bill HB1421

Filed
 
Out of House Committee
 
Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 

Caption

Relating to the disposition of certain seized weapons.

Impact

The legislation aims to streamline the process for handling seized weapons, ensuring that individuals are informed of their rights regarding the return of their property. It stipulates time limits for law enforcement agencies to act on nonclaimed weapons, ultimately affecting local law practices and enhancing the accountability of law enforcement agencies with respect to seized property. This could lead to significant changes in how state laws manage property related to criminal investigations.

Summary

House Bill 1421 addresses the procedures for the disposition of certain seized weapons within the state of Texas. The bill amends Article 18.19 of the Code of Criminal Procedure, outlining the process for returning seized weapons to their owners in the absence of prosecution or conviction. Specifically, it mandates that if no prosecution occurs, the magistrate must notify the person in possession of the weapon within 61 days, with the expectation that the weapon will be returned, sold, or destroyed within a specified timeframe if not claimed.

Contention

Some notable points of contention surrounding HB 1421 include concerns about the potential for abuse of the procedures outlined in the bill. Critics may argue that the requirements set forth could lead to hasty decisions regarding the destruction of seized weapons that could otherwise be returned to owners without the need for sales or auctions. Additionally, the requirement that only federally licensed firearms dealers can purchase seized weapons may draw scrutiny regarding access and ethical considerations in the sale of firearms.

Voting_history

The bill was well received during voting, with a significant majority supporting it, as reflected in the House with 127 yeas and only 14 nays on May 6, 2013. This indicates a strong legislative intent to pass reforms related to the management of seized weapons, aligning with broader objectives of enhancing law enforcement efficiency.

Companion Bills

TX SB343

Identical Relating to the disposition of certain seized weapons.

Previously Filed As

TX HB3081

Relating to the deregulation of certain activities and occupations.

TX HB817

Relating to creating a criminal offense for the unlawful possession or transfer of an assault weapon.

TX HB3758

Relating to repealing civil asset forfeiture provisions and establishing criminal asset forfeiture in this state.

TX HB1623

Relating to creating a criminal offense for the unlawful possession or transfer of certain semiautomatic rifles.

TX SB285

Relating to certain proceedings or procedures involving the disposition of certain contraband or abandoned or unclaimed property.

TX HB1094

Relating to the disposition of abandoned or unclaimed property seized by a peace officer.

TX HB2454

Relating to the unlawful acquisition of certain weapons; creating a criminal offense.

TX HB4504

Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

TX HB1104

Relating to a waiver of the preservation of evidence and the return of a seized weapon in a criminal case.

TX SB793

Relating to criminal asset forfeiture proceedings and the seizure and forfeiture of certain property.

Similar Bills

No similar bills found.