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H.B. No. 705
AN ACT
relating to the disposition of seized weapons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 18.19(c), (d), and (e), Code of
Criminal Procedure, are amended to read as follows:
(c) If there is no prosecution or conviction for an offense
involving the weapon seized, the magistrate to whom the seizure was
reported shall, before the 61st day after the date the magistrate
determines that there will be no prosecution or conviction, notify
in writing the person found in possession of the weapon that the
person is entitled to the weapon upon written request to the
magistrate. The magistrate shall order the weapon returned to the
person found in possession before the 61st day after the date the
magistrate receives a request from the person. If the weapon is not
requested before the 61st day after the date of notification, the
magistrate shall, before the 121st day after the date of
notification, order the weapon destroyed or forfeited to the state
for use by the law enforcement agency holding the weapon or by a
county forensic laboratory designated by the magistrate. If the
magistrate does not order the return, destruction, or forfeiture of
the weapon within the applicable period prescribed by this
subsection, the law enforcement agency holding the weapon may
request an order of destruction or forfeiture of the weapon from the
magistrate.
(d) A person either convicted or receiving deferred
adjudication under Chapter 46, Penal Code, is entitled to the
weapon seized upon request to the court in which the person was
convicted or placed on deferred adjudication. However, the court
entering the judgment shall order the weapon destroyed or forfeited
to the state for use by the law enforcement agency holding the
weapon or by a county forensic laboratory designated by the court
if:
(1) the person does not request the weapon before the
61st day after the date of the judgment of conviction or the order
placing the person on deferred adjudication;
(2) the person has been previously convicted under
Chapter 46, Penal Code;
(3) the weapon is one defined as a prohibited weapon
under Chapter 46, Penal Code;
(4) the offense for which the person is convicted or
receives deferred adjudication was committed in or on the premises
of a playground, school, video arcade facility, or youth center, as
those terms are defined by Section 481.134, Health and Safety Code;
or
(5) the court determines based on the prior criminal
history of the defendant or based on the circumstances surrounding
the commission of the offense that possession of the seized weapon
would pose a threat to the community or one or more individuals.
(e) If the person found in possession of a weapon is
convicted of an offense involving the use of the weapon, before the
61st day after the date of conviction the court entering judgment of
conviction shall order destruction of the weapon or forfeiture to
the state for use by the law enforcement agency holding the weapon
or by a county forensic laboratory designated by the court. If the
court entering judgment of conviction does not order the
destruction or forfeiture of the weapon within the period
prescribed by this subsection, the law enforcement agency holding
the weapon may request an order of destruction or forfeiture of the
weapon from a magistrate.
SECTION 2. The change in law made by this Act applies only
to the disposition of a weapon seized on or after the effective date
of this Act. The disposition of a weapon seized before the effective
date of this Act is covered by the law in effect when the weapon was
seized, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 705 was passed by the House on March
23, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 705 was passed by the Senate on May
20, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor