83R16828 ADM-D
By: Murphy H.B. No. 884
Substitute the following for H.B. No. 884:
By: Herrero C.S.H.B. No. 884
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of abandoned or unclaimed property
seized at the time of certain arrests.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18.17, Code of Criminal Procedure, is
amended by adding Subsections (d-1) and (d-2) to read as follows:
(d-1) Notwithstanding Subsection (a), (b), (c), or (d), if
property described by Subsection (a), other than money, is seized
by a peace officer at the time the owner of the property is arrested
for an offense punishable as a Class C misdemeanor, the law
enforcement agency may provide notice to the owner at the time the
owner is taken into or released from custody. On receiving the
notice, the owner must sign the notice and attach a thumbprint to
the notice. The notice must include:
(1) a description of the property being held;
(2) the address where the property is being held; and
(3) a statement that if the owner does not claim the
property before the 31st day after the date the owner is released
from custody, the property will be disposed of and the proceeds of
the property, after deducting the reasonable expense of keeping and
disposing of the property, will be placed in the treasury of the
municipality or county providing the notice.
(d-2) If the property for which notice is provided under
Subsection (d-1) is not claimed by the owner before the 31st day
after the date the owner is released from custody, the law
enforcement agency holding the property shall deliver the property
for disposition to a person designated by the municipality or to the
purchasing agent or sheriff of the county in which the property was
seized, as applicable. The person designated by the municipality,
the purchasing agent, or the sheriff may sell or donate the property
without mailing or publishing an additional notice as required by
Subsection (b), (c), or (d). The sale proceeds, after deducting the
reasonable expense of keeping and disposing of the property, must
be deposited in the treasury of the municipality or county
disposing of the property.
SECTION 2. Article 18.17, Code of Criminal Procedure, as
amended by this Act, applies to personal property seized or taken
into custody on or after the effective date of this Act. Personal
property seized or taken into custody before the effective date of
this Act is governed by the law in effect on the date the property is
seized or taken into custody, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.