83R2446 AJZ-D
 
  By: Perry H.B. No. 1421
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the disposition of certain seized weapons.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 18.19, Code of Criminal Procedure, is
  amended by amending Subsections (c), (d), and (e) and adding
  Subsection (d-1) 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, sold at public sale by
  the law enforcement agency holding the weapon or by an auctioneer
  licensed under Chapter 1802, Occupations Code, 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, sale, 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, sale, or forfeiture of the weapon
  from the magistrate. Only a firearms dealer licensed under 18
  U.S.C. Section 923 may purchase a weapon at public sale under this
  subsection. Proceeds from the sale of a seized weapon under this
  subsection shall be transferred, after the deduction of court costs
  to which a district court clerk is entitled under Article 59.05(f),
  followed by the deduction of auction costs, to the law enforcement
  agency holding the weapon.
         (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, sold at
  public sale by the law enforcement agency holding the weapon or by
  an auctioneer licensed under Chapter 1802, Occupations Code, 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.
         (d-1)  Only a firearms dealer licensed under 18 U.S.C.
  Section 923 may purchase a weapon at public sale under Subsection
  (d). Proceeds from the sale of a seized weapon under Subsection (d)
  shall be transferred, after the deduction of court costs to which a
  district court clerk is entitled under Article 59.05(f), followed
  by the deduction of auction costs, to the law enforcement agency
  holding the weapon.
         (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, sale at public
  sale by the law enforcement agency holding the weapon or by an
  auctioneer licensed under Chapter 1802, Occupations Code, 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, sale, 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, sale, or
  forfeiture of the weapon from a magistrate. Only a firearms dealer
  licensed under 18 U.S.C. Section 923 may purchase a weapon at public
  sale under this subsection. Proceeds from the sale of a seized
  weapon under this subsection shall be transferred, after the
  deduction of court costs to which a district court clerk is entitled
  under Article 59.05(f), followed by the deduction of auction costs,
  to the law enforcement agency holding the weapon.
         SECTION 2.  This Act takes effect September 1, 2013.