Bill Text: TX SB117 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the right of a person to enter the person's residence or former residence accompanied by a peace officer to recover certain personal property; providing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-18 - Committee report printed and distributed [SB117 Detail]
Download: Texas-2013-SB117-Comm_Sub.html
By: Hinojosa | S.B. No. 117 | |
(In the Senate - Filed November 12, 2012; January 29, 2013, | ||
read first time and referred to Committee on Jurisprudence; | ||
March 18, 2013, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 6, Nays 0; March 18, 2013, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 117 | By: Paxton |
|
||
|
||
relating to the right of a person to enter the person's residence or | ||
former residence accompanied by a peace officer to recover certain | ||
personal property; providing penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 4, Property Code, is amended by adding | ||
Chapter 24A to read as follows: | ||
CHAPTER 24A. ACCESS TO RESIDENCE OR FORMER RESIDENCE TO RETRIEVE | ||
PERSONAL PROPERTY | ||
Sec. 24A.001. ORDER AUTHORIZING ENTRY AND PROPERTY | ||
RETRIEVAL; PEACE OFFICER TO ACCOMPANY. (a) A person who is unable | ||
to enter the person's residence or former residence to retrieve | ||
personal property belonging to the person or the person's dependent | ||
because the current occupant refuses to allow the person entry may | ||
apply to the justice court for an order authorizing the person to | ||
enter the residence accompanied by a peace officer to retrieve | ||
specific items of personal property. | ||
(b) An application under Subsection (a) must: | ||
(1) certify that the applicant is unable to enter the | ||
residence because the current occupant of the residence has denied | ||
the applicant access to the residence; | ||
(2) certify that, to the best of the applicant's | ||
knowledge, the applicant is not: | ||
(A) the subject of an active protective order | ||
under Title 4, Family Code, a magistrate's order for emergency | ||
protection under Article 17.292, Code of Criminal Procedure, or | ||
another court order prohibiting entry to the residence; or | ||
(B) otherwise prohibited by law from entering the | ||
residence; | ||
(3) allege that the applicant or the applicant's | ||
dependent requires personal items located in the residence, | ||
including medical records, medicine and medical supplies, | ||
clothing, child-care items, legal documents, financial documents, | ||
including checks or bank or credit cards, employment records, | ||
personal identification documents, educational or work-related | ||
books and supplies, including electronic devices, and items | ||
pertaining to personal safety; | ||
(4) describe with specificity the items that the | ||
applicant intends to retrieve; and | ||
(5) allege that the applicant or the applicant's | ||
dependent will suffer personal or financial harm if the items | ||
listed in the application are not retrieved. | ||
(c) On sufficient evidence of hardship and urgency, the | ||
justice of the peace may grant the application under this section | ||
and issue an order authorizing the applicant to enter the residence | ||
and retrieve the property listed in the application accompanied by | ||
a peace officer if the justice of the peace finds that: | ||
(1) the applicant is unable to enter the residence | ||
because the current occupant of the residence has denied the | ||
applicant access to the residence to retrieve the applicant's | ||
personal property or the personal property of the applicant's | ||
dependent; | ||
(2) the applicant is not: | ||
(A) the subject of an active protective order | ||
under Title 4, Family Code, a magistrate's order for emergency | ||
protection under Article 17.292, Code of Criminal Procedure, or | ||
another court order prohibiting entry to the residence; or | ||
(B) otherwise prohibited by law from entering the | ||
residence; and | ||
(3) there is a risk of personal or financial harm to | ||
the applicant or the applicant's dependent if the items listed in | ||
the application are not retrieved. | ||
Sec. 24A.002. AUTHORIZED ENTRY PROCEDURES; DUTIES OF PEACE | ||
OFFICER. (a) If the justice of the peace grants an application | ||
under Section 24A.001, a peace officer shall accompany and assist | ||
the applicant in making the authorized entry and retrieving the | ||
property listed in the application. | ||
(b) If the current occupant of the residence is present at | ||
the time of the entry, the peace officer shall provide the occupant | ||
with a copy of the court order authorizing the entry and property | ||
retrieval. | ||
(c) Before removing the property listed in the application | ||
from the residence, the applicant shall submit all property | ||
retrieved to the peace officer assisting the applicant under this | ||
section to be inventoried. The peace officer shall create an | ||
inventory listing the items taken from the residence, provide a | ||
copy of the inventory to the applicant, provide a copy of the | ||
inventory to the current occupant or, if the current occupant is not | ||
present, leave the copy in a conspicuous place in the residence, and | ||
return the property to be removed from the residence to the | ||
applicant. The officer shall file the original inventory with the | ||
court that issued the order authorizing the entry and property | ||
retrieval. | ||
(d) A peace officer may use reasonable force in providing | ||
assistance under this section. | ||
(e) A peace officer who provides assistance under this | ||
section in good faith and with reasonable diligence is not: | ||
(1) civilly liable for an act or omission of the | ||
officer that arises in connection with providing the assistance; or | ||
(2) civilly or criminally liable for the wrongful | ||
appropriation of any personal property by the person the officer is | ||
assisting. | ||
Sec. 24A.003. OFFENSE. (a) A person commits an offense if | ||
the person interferes with a person or peace officer entering a | ||
residence and retrieving personal property under the authority of a | ||
court order issued under Section 24A.001. | ||
(b) An offense under this section is a Class B misdemeanor. | ||
(c) It is a defense to prosecution under this section that | ||
the actor did not receive a copy of the court order or other notice | ||
that the entry or property retrieval was authorized. | ||
Sec. 24A.004. HEARING; REVIEW. (a) The occupant of a | ||
residence that is the subject of a court order issued under Section | ||
24A.001, not later than the 10th day after the date of the | ||
authorized entry, may file a complaint in the court that issued the | ||
order alleging that the applicant has appropriated property | ||
belonging to the occupant. | ||
(b) The court shall promptly hold a hearing on a complaint | ||
submitted under this section and rule on the disposition of the | ||
disputed property. | ||
(c) This section does not limit the occupant's remedies | ||
under any other law for recovery of the occupant's property. | ||
SECTION 2. This Act takes effect September 1, 2013. | ||
* * * * * |