Texas 2013 - 83rd Regular

Texas Senate Bill SB117 Compare Versions

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1	1	By: Hinojosa S.B. No. 117
2	2	(In the Senate - Filed November 12, 2012; January 29, 2013,
3	3	read first time and referred to Committee on Jurisprudence;
4	4	March 18, 2013, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 6, Nays 0; March 18, 2013,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 117 By: Paxton
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the right of a person to enter the person's residence or
13	13	former residence accompanied by a peace officer to recover certain
14	14	personal property; providing penalties.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Title 4, Property Code, is amended by adding
17	17	Chapter 24A to read as follows:
18	18	CHAPTER 24A. ACCESS TO RESIDENCE OR FORMER RESIDENCE TO RETRIEVE
19	19	PERSONAL PROPERTY
20	20	Sec. 24A.001. ORDER AUTHORIZING ENTRY AND PROPERTY
21	21	RETRIEVAL; PEACE OFFICER TO ACCOMPANY. (a) A person who is unable
22	22	to enter the person's residence or former residence to retrieve
23	23	personal property belonging to the person or the person's dependent
24	24	because the current occupant refuses to allow the person entry may
25	25	apply to the justice court for an order authorizing the person to
26	26	enter the residence accompanied by a peace officer to retrieve
27	27	specific items of personal property.
28	28	(b) An application under Subsection (a) must:
29	29	(1) certify that the applicant is unable to enter the
30	30	residence because the current occupant of the residence has denied
31	31	the applicant access to the residence;
32	32	(2) certify that, to the best of the applicant's
33	33	knowledge, the applicant is not:
34	34	(A) the subject of an active protective order
35	35	under Title 4, Family Code, a magistrate's order for emergency
36	36	protection under Article 17.292, Code of Criminal Procedure, or
37	37	another court order prohibiting entry to the residence; or
38	38	(B) otherwise prohibited by law from entering the
39	39	residence;
40	40	(3) allege that the applicant or the applicant's
41	41	dependent requires personal items located in the residence,
42	42	including medical records, medicine and medical supplies,
43	43	clothing, child-care items, legal documents, financial documents,
44	44	including checks or bank or credit cards, employment records,
45	45	personal identification documents, educational or work-related
46	46	books and supplies, including electronic devices, and items
47	47	pertaining to personal safety;
48	48	(4) describe with specificity the items that the
49	49	applicant intends to retrieve; and
50	50	(5) allege that the applicant or the applicant's
51	51	dependent will suffer personal or financial harm if the items
52	52	listed in the application are not retrieved.
53	53	(c) On sufficient evidence of hardship and urgency, the
54	54	justice of the peace may grant the application under this section
55	55	and issue an order authorizing the applicant to enter the residence
56	56	and retrieve the property listed in the application accompanied by
57	57	a peace officer if the justice of the peace finds that:
58	58	(1) the applicant is unable to enter the residence
59	59	because the current occupant of the residence has denied the
60	60	applicant access to the residence to retrieve the applicant's
61	61	personal property or the personal property of the applicant's
62	62	dependent;
63	63	(2) the applicant is not:
64	64	(A) the subject of an active protective order
65	65	under Title 4, Family Code, a magistrate's order for emergency
66	66	protection under Article 17.292, Code of Criminal Procedure, or
67	67	another court order prohibiting entry to the residence; or
68	68	(B) otherwise prohibited by law from entering the
69	69	residence; and
70	70	(3) there is a risk of personal or financial harm to
71	71	the applicant or the applicant's dependent if the items listed in
72	72	the application are not retrieved.
73	73	Sec. 24A.002. AUTHORIZED ENTRY PROCEDURES; DUTIES OF PEACE
74	74	OFFICER. (a) If the justice of the peace grants an application
75	75	under Section 24A.001, a peace officer shall accompany and assist
76	76	the applicant in making the authorized entry and retrieving the
77	77	property listed in the application.
78	78	(b) If the current occupant of the residence is present at
79	79	the time of the entry, the peace officer shall provide the occupant
80	80	with a copy of the court order authorizing the entry and property
81	81	retrieval.
82	82	(c) Before removing the property listed in the application
83	83	from the residence, the applicant shall submit all property
84	84	retrieved to the peace officer assisting the applicant under this
85	85	section to be inventoried. The peace officer shall create an
86	86	inventory listing the items taken from the residence, provide a
87	87	copy of the inventory to the applicant, provide a copy of the
88	88	inventory to the current occupant or, if the current occupant is not
89	89	present, leave the copy in a conspicuous place in the residence, and
90	90	return the property to be removed from the residence to the
91	91	applicant. The officer shall file the original inventory with the
92	92	court that issued the order authorizing the entry and property
93	93	retrieval.
94	94	(d) A peace officer may use reasonable force in providing
95	95	assistance under this section.
96	96	(e) A peace officer who provides assistance under this
97	97	section in good faith and with reasonable diligence is not:
98	98	(1) civilly liable for an act or omission of the
99	99	officer that arises in connection with providing the assistance; or
100	100	(2) civilly or criminally liable for the wrongful
101	101	appropriation of any personal property by the person the officer is
102	102	assisting.
103	103	Sec. 24A.003. OFFENSE. (a) A person commits an offense if
104	104	the person interferes with a person or peace officer entering a
105	105	residence and retrieving personal property under the authority of a
106	106	court order issued under Section 24A.001.
107	107	(b) An offense under this section is a Class B misdemeanor.
108	108	(c) It is a defense to prosecution under this section that
109	109	the actor did not receive a copy of the court order or other notice
110	110	that the entry or property retrieval was authorized.
111	111	Sec. 24A.004. HEARING; REVIEW. (a) The occupant of a
112	112	residence that is the subject of a court order issued under Section
113	113	24A.001, not later than the 10th day after the date of the
114	114	authorized entry, may file a complaint in the court that issued the
115	115	order alleging that the applicant has appropriated property
116	116	belonging to the occupant.
117	117	(b) The court shall promptly hold a hearing on a complaint
118	118	submitted under this section and rule on the disposition of the
119	119	disputed property.
120	120	(c) This section does not limit the occupant's remedies
121	121	under any other law for recovery of the occupant's property.
122	122	SECTION 2. This Act takes effect September 1, 2013.
123	123	* * * * *