Texas 2013 - 83rd Regular

Texas House Bill HB1421 Compare Versions

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1	1	By: Perry, et al. (Senate Sponsor - Estes) H.B. No. 1421
2	2	(In the Senate - Received from the House May 6, 2013;
3	3	May 7, 2013, read first time and referred to Committee on Criminal
4	4	Justice; May 9, 2013, reported favorably by the following vote:
5	5	Yeas 7, Nays 0; May 9, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the disposition of certain seized weapons.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 18.19, Code of Criminal Procedure, is
13	13	amended by amending Subsections (c), (d), and (e) and adding
14	14	Subsection (d-1) to read as follows:
15	15	(c) If there is no prosecution or conviction for an offense
16	16	involving the weapon seized, the magistrate to whom the seizure was
17	17	reported shall, before the 61st day after the date the magistrate
18	18	determines that there will be no prosecution or conviction, notify
19	19	in writing the person found in possession of the weapon that the
20	20	person is entitled to the weapon upon written request to the
21	21	magistrate. The magistrate shall order the weapon returned to the
22	22	person found in possession before the 61st day after the date the
23	23	magistrate receives a request from the person. If the weapon is not
24	24	requested before the 61st day after the date of notification, the
25	25	magistrate shall, before the 121st day after the date of
26	26	notification, order the weapon destroyed, sold at public sale by
27	27	the law enforcement agency holding the weapon or by an auctioneer
28	28	licensed under Chapter 1802, Occupations Code, or forfeited to the
29	29	state for use by the law enforcement agency holding the weapon or by
30	30	a county forensic laboratory designated by the magistrate. If the
31	31	magistrate does not order the return, destruction, sale, or
32	32	forfeiture of the weapon within the applicable period prescribed by
33	33	this subsection, the law enforcement agency holding the weapon may
34	34	request an order of destruction, sale, or forfeiture of the weapon
35	35	from the magistrate. Only a firearms dealer licensed under 18
36	36	U.S.C. Section 923 may purchase a weapon at public sale under this
37	37	subsection. Proceeds from the sale of a seized weapon under this
38	38	subsection shall be transferred, after the deduction of court costs
39	39	to which a district court clerk is entitled under Article 59.05(f),
40	40	followed by the deduction of auction costs, to the law enforcement
41	41	agency holding the weapon.
42	42	(d) A person either convicted or receiving deferred
43	43	adjudication under Chapter 46, Penal Code, is entitled to the
44	44	weapon seized upon request to the court in which the person was
45	45	convicted or placed on deferred adjudication. However, the court
46	46	entering the judgment shall order the weapon destroyed, sold at
47	47	public sale by the law enforcement agency holding the weapon or by
48	48	an auctioneer licensed under Chapter 1802, Occupations Code, or
49	49	forfeited to the state for use by the law enforcement agency holding
50	50	the weapon or by a county forensic laboratory designated by the
51	51	court if:
52	52	(1) the person does not request the weapon before the
53	53	61st day after the date of the judgment of conviction or the order
54	54	placing the person on deferred adjudication;
55	55	(2) the person has been previously convicted under
56	56	Chapter 46, Penal Code;
57	57	(3) the weapon is one defined as a prohibited weapon
58	58	under Chapter 46, Penal Code;
59	59	(4) the offense for which the person is convicted or
60	60	receives deferred adjudication was committed in or on the premises
61	61	of a playground, school, video arcade facility, or youth center, as
62	62	those terms are defined by Section 481.134, Health and Safety Code;
63	63	or
64	64	(5) the court determines based on the prior criminal
65	65	history of the defendant or based on the circumstances surrounding
66	66	the commission of the offense that possession of the seized weapon
67	67	would pose a threat to the community or one or more individuals.
68	68	(d-1) Only a firearms dealer licensed under 18 U.S.C.
69	69	Section 923 may purchase a weapon at public sale under Subsection
70	70	(d). Proceeds from the sale of a seized weapon under Subsection (d)
71	71	shall be transferred, after the deduction of court costs to which a
72	72	district court clerk is entitled under Article 59.05(f), followed
73	73	by the deduction of auction costs, to the law enforcement agency
74	74	holding the weapon.
75	75	(e) If the person found in possession of a weapon is
76	76	convicted of an offense involving the use of the weapon, before the
77	77	61st day after the date of conviction the court entering judgment of
78	78	conviction shall order destruction of the weapon, sale at public
79	79	sale by the law enforcement agency holding the weapon or by an
80	80	auctioneer licensed under Chapter 1802, Occupations Code, or
81	81	forfeiture to the state for use by the law enforcement agency
82	82	holding the weapon or by a county forensic laboratory designated by
83	83	the court. If the court entering judgment of conviction does not
84	84	order the destruction, sale, or forfeiture of the weapon within the
85	85	period prescribed by this subsection, the law enforcement agency
86	86	holding the weapon may request an order of destruction, sale, or
87	87	forfeiture of the weapon from a magistrate. Only a firearms dealer
88	88	licensed under 18 U.S.C. Section 923 may purchase a weapon at public
89	89	sale under this subsection. Proceeds from the sale of a seized
90	90	weapon under this subsection shall be transferred, after the
91	91	deduction of court costs to which a district court clerk is entitled
92	92	under Article 59.05(f), followed by the deduction of auction costs,
93	93	to the law enforcement agency holding the weapon.
94	94	SECTION 2. This Act takes effect September 1, 2013.
95	95	* * * * *