| 1 | 1 | | 88R15426 EAS-F |
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| 2 | 2 | | By: Cunningham H.B. No. 1094 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the disposition of abandoned or unclaimed property |
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| 8 | 8 | | seized by a peace officer. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Articles 18.17(a), (b), (c), and (d), Code of |
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| 11 | 11 | | Criminal Procedure, are amended to read as follows: |
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| 12 | 12 | | (a) All unclaimed or abandoned personal property of every |
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| 13 | 13 | | kind, other than contraband subject to forfeiture under Chapter 59 |
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| 14 | 14 | | and whiskey, wine and malt beverages, seized by any peace officer in |
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| 15 | 15 | | this state [the State of Texas] which is not held as evidence to be |
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| 16 | 16 | | used in any pending case and has not been ordered destroyed or |
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| 17 | 17 | | returned to the person entitled to possession of the same by a |
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| 18 | 18 | | magistrate, which shall remain unclaimed for a period of 30 days |
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| 19 | 19 | | shall be delivered for disposition to a person designated by the |
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| 20 | 20 | | municipality or the purchasing agent of the county in which the |
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| 21 | 21 | | property was seized. If a peace officer of a municipality seizes the |
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| 22 | 22 | | property, the peace officer shall deliver the property to a person |
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| 23 | 23 | | designated by the municipality. If any other peace officer seizes |
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| 24 | 24 | | the property, the peace officer shall deliver the property to the |
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| 25 | 25 | | purchasing agent of the county. If the county has no purchasing |
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| 26 | 26 | | agent, then the [such] property shall be disposed of by the sheriff |
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| 27 | 27 | | of the county. |
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| 28 | 28 | | (b) The county purchasing agent, the person designated by |
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| 29 | 29 | | the municipality, or the sheriff of the county, as the case may be, |
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| 30 | 30 | | shall mail a notice to the last known address of the owner of the |
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| 31 | 31 | | [such] property by certified mail or place a one-time notice on the |
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| 32 | 32 | | Internet website and social networking website of the law |
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| 33 | 33 | | enforcement agency that seized the property. The [Such] notice must |
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| 34 | 34 | | [shall] describe the property being held, give the name and address |
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| 35 | 35 | | of the officer holding the [such] property, and [shall] state that |
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| 36 | 36 | | if the owner does not claim the [such] property before the 90th day |
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| 37 | 37 | | after [within 90 days from] the date of the notice, the [such] |
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| 38 | 38 | | property will be disposed of and the proceeds, after deducting the |
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| 39 | 39 | | reasonable expense of keeping the [such] property and the costs of |
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| 40 | 40 | | the disposition, placed in the treasury of the municipality or |
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| 41 | 41 | | county giving the notice. |
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| 42 | 42 | | (c) If the property has a fair market value of $500 or more |
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| 43 | 43 | | and the owner or the address of the owner is unknown, the person |
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| 44 | 44 | | designated by the municipality, the county purchasing agent, or the |
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| 45 | 45 | | sheriff, as the case may be, shall publish a notice [cause to be |
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| 46 | 46 | | published] once in a paper of general circulation in the |
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| 47 | 47 | | municipality or county or place a one-time notice on the Internet |
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| 48 | 48 | | website and social networking website of the law enforcement agency |
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| 49 | 49 | | that seized the property. The notice must contain [containing] a |
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| 50 | 50 | | general description of the property held, the name of the owner if |
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| 51 | 51 | | known, the name and address of the officer holding the [such] |
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| 52 | 52 | | property, and a statement that if the owner does not claim the |
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| 53 | 53 | | [such] property before the 90th day after [within 90 days from] the |
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| 54 | 54 | | date of the notice, the [publication such] property will be |
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| 55 | 55 | | disposed of and [the proceeds], after deducting the reasonable |
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| 56 | 56 | | expense of keeping the [such] property and the costs of the |
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| 57 | 57 | | disposition, any proceeds from a sale deposited [placed] in the |
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| 58 | 58 | | treasury of the municipality or county selling [disposing of] the |
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| 59 | 59 | | property. If the property has a fair market value of less than $500 |
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| 60 | 60 | | and the owner or the address of the owner is unknown, the person |
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| 61 | 61 | | designated by the municipality, the county purchasing agent, or the |
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| 62 | 62 | | sheriff may sell or donate the property. The person designated by |
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| 63 | 63 | | the municipality, the purchasing agent, or the sheriff shall |
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| 64 | 64 | | deposit [the sale proceeds], after deducting the reasonable expense |
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| 65 | 65 | | of keeping the property and costs of the disposition [sale], any |
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| 66 | 66 | | proceeds from a sale in the treasury of the municipality or county |
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| 67 | 67 | | selling [or donating] the property. |
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| 68 | 68 | | (d) The sale under this article of any property that has a |
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| 69 | 69 | | fair market value of $500 or more shall be preceded by a notice |
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| 70 | 70 | | published once at least 14 days before [prior to] the date of the |
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| 71 | 71 | | [such] sale in a newspaper of general circulation in the |
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| 72 | 72 | | municipality or county where the sale is to take place or placed |
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| 73 | 73 | | once on the Internet website and social networking website of the |
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| 74 | 74 | | law enforcement agency that seized the property at least 14 days |
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| 75 | 75 | | before the date of the sale. The notice must state [, stating] the |
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| 76 | 76 | | general description of the property, the name [names] of the owner |
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| 77 | 77 | | if known, and the date and place that the [such] sale will occur. |
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| 78 | 78 | | This article does not require disposition by sale. |
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| 79 | 79 | | SECTION 2. Article 18.17, Code of Criminal Procedure, as |
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| 80 | 80 | | amended by this Act, applies to personal property seized by a peace |
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| 81 | 81 | | officer on or after the effective date of this Act. Personal |
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| 82 | 82 | | property seized before the effective date of this Act is governed by |
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| 83 | 83 | | the law in effect on the date the property was seized, and the |
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| 84 | 84 | | former law is continued in effect for that purpose. |
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| 85 | 85 | | SECTION 3. This Act takes effect September 1, 2023. |
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