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AN ACT
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relating to venue for the disposition of stolen property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 47.01a, Code of Criminal Procedure, is |
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amended by amending Subsections (a) and (d) and adding Subsection |
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(e) to read as follows: |
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(a) If a criminal action relating to allegedly stolen |
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property is not pending, a district judge, county court judge, |
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statutory county court judge, or justice of the peace having |
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jurisdiction as a magistrate in the county in which the property is |
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held or in which the property was alleged to have been stolen or a |
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municipal judge having jurisdiction as a magistrate in the |
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municipality in which the property is being held or in which the |
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property was alleged to have been stolen may hold a hearing to |
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determine the right to possession of the property, upon the |
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petition of an interested person, a county, a city, or the state. |
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Jurisdiction under this article [section] is based solely on |
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jurisdiction as a criminal magistrate under this code and not |
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jurisdiction as a civil court. The court shall: |
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(1) order the property delivered to whoever has the |
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superior right to possession, without conditions; [or] |
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(2) on the filing of a written motion before trial by |
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an attorney representing the state, order the property delivered to |
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whoever has the superior right to possession, subject to the |
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condition that the property be made available to the prosecuting |
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authority should it be needed in future prosecutions; or |
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(3) order the property awarded to the custody of the |
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peace officer, pending resolution of criminal investigations |
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regarding the property. |
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(d) Venue for a hearing under this article is in any |
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justice, county, statutory county, or district court in the county |
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in which the property is seized or in which the property was alleged |
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to have been stolen or in any municipal court in any municipality in |
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which the property is seized or in which the property was alleged to |
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have been stolen, except that the court may transfer venue to a |
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court in another county on the motion of any interested party. |
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(e) The person who has the superior right to possession of |
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the property, as determined in a hearing under Subsection (a), is |
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responsible for any transportation necessary to deliver the |
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property to the person as ordered under that subsection. |
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SECTION 2. Article 47.02, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (c) to |
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read as follows: |
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(b) On written consent of the prosecuting attorney and |
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following an order described by Subsection (a), any magistrate |
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having jurisdiction in the county in which the property was alleged |
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to have been stolen or, if the [a] criminal action for theft or any |
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other offense involving the illegal acquisition of property is |
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pending in another county, the county in which the action is pending |
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may hold a hearing to determine the right to possession of the |
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property. If it is proved to the satisfaction of the magistrate |
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that any person is a true owner of the property alleged to have been |
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stolen, and the property is under the control of a peace officer, |
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the magistrate may, by written order, direct the property to be |
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restored to that person. |
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(c) The owner of the property is responsible for any |
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transportation necessary to restore the property to the owner as |
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ordered under this article. |
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SECTION 3. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 631 passed the Senate on |
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May 8, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 631 passed the House on |
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May 24, 2017, by the following vote: Yeas 146, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |