| 1 | 1 | | 89R14877 JRR-F |
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| 2 | 2 | | By: Curry H.B. No. 4933 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the disposition of a seized weapon belonging to a person |
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| 10 | 10 | | who is not prosecuted or convicted for an offense involving the |
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| 11 | 11 | | weapon. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Article 18.19(c), Code of Criminal Procedure, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | (c) If there is no prosecution or conviction for an offense |
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| 16 | 16 | | involving the weapon seized, the magistrate to whom the seizure was |
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| 17 | 17 | | reported shall, not later than the 60th [before the 61st] day after |
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| 18 | 18 | | the date the magistrate determines that there will be no |
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| 19 | 19 | | prosecution or conviction, notify in writing the person found in |
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| 20 | 20 | | possession of the weapon that the person is entitled to the weapon |
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| 21 | 21 | | upon written request to the magistrate. Not later than the 60th day |
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| 22 | 22 | | after the date of notification, the [The] magistrate shall order |
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| 23 | 23 | | the weapon returned to the person found in possession [before the |
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| 24 | 24 | | 61st day after the date the magistrate receives a request from the |
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| 25 | 25 | | person. If the weapon is not requested before the 61st day after |
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| 26 | 26 | | the date of notification, the magistrate shall, before the 121st |
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| 27 | 27 | | day after the date of notification, order the weapon destroyed, |
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| 28 | 28 | | sold at public sale by the law enforcement agency holding the weapon |
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| 29 | 29 | | or by an auctioneer licensed under Chapter 1802, Occupations Code, |
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| 30 | 30 | | or forfeited to the state for use by the law enforcement agency |
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| 31 | 31 | | holding the weapon or by a county forensic laboratory designated by |
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| 32 | 32 | | the magistrate. If the magistrate does not order the return, |
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| 33 | 33 | | destruction, sale, or forfeiture of the weapon within the |
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| 34 | 34 | | applicable period prescribed by this subsection, the law |
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| 35 | 35 | | enforcement agency holding the weapon may request an order of |
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| 36 | 36 | | destruction, sale, or forfeiture of the weapon from the magistrate. |
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| 37 | 37 | | Only a firearms dealer licensed under 18 U.S.C. Section 923 may |
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| 38 | 38 | | purchase a weapon at public sale under this subsection. Proceeds |
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| 39 | 39 | | from the sale of a seized weapon under this subsection shall be |
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| 40 | 40 | | transferred, after the deduction of court costs to which a district |
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| 41 | 41 | | court clerk is entitled under Article 59.05(f), followed by the |
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| 42 | 42 | | deduction of auction costs, to the law enforcement agency holding |
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| 43 | 43 | | the weapon]. |
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| 44 | 44 | | SECTION 2. The change in law made by this Act applies to the |
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| 45 | 45 | | disposition of a weapon on or after the effective date of this Act, |
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| 46 | 46 | | regardless of whether the weapon was seized by a law enforcement |
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| 47 | 47 | | agency before, on, or after that date. |
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| 48 | 48 | | SECTION 3. This Act takes effect September 1, 2025. |
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