Bill Text: TX SB631 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to venue for the disposition of stolen property.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2017-06-09 - Effective on 9/1/17 [SB631 Detail]
Download: Texas-2017-SB631-Introduced.html
Bill Title: Relating to venue for the disposition of stolen property.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2017-06-09 - Effective on 9/1/17 [SB631 Detail]
Download: Texas-2017-SB631-Introduced.html
85R5137 AJZ-F | ||
By: Buckingham | S.B. No. 631 |
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relating to venue for the disposition of stolen property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Articles 47.01a(a) and (d), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(a) If a criminal action relating to allegedly stolen | ||
property is not pending, a district judge, county court judge, | ||
statutory county court judge, or justice of the peace having | ||
jurisdiction as a magistrate in the county in which the property is | ||
held or in which the property was alleged to have been stolen or a | ||
municipal judge having jurisdiction as a magistrate in the | ||
municipality in which the property is being held or in which the | ||
property was alleged to have been stolen may hold a hearing to | ||
determine the right to possession of the property, upon the | ||
petition of an interested person, a county, a city, or the state. | ||
Jurisdiction under this article [ |
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jurisdiction as a criminal magistrate under this code and not | ||
jurisdiction as a civil court. The court shall: | ||
(1) order the property delivered to whoever has the | ||
superior right to possession, without conditions; [ |
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(2) on the filing of a written motion before trial by | ||
an attorney representing the state, order the property delivered to | ||
whoever has the superior right to possession, subject to the | ||
condition that the property be made available to the prosecuting | ||
authority should it be needed in future prosecutions; or | ||
(3) order the property awarded to the custody of the | ||
peace officer, pending resolution of criminal investigations | ||
regarding the property. | ||
(d) Venue for a hearing under this article is in any | ||
justice, county, statutory county, or district court in the county | ||
in which the property is seized or in which the property was alleged | ||
to have been stolen or in any municipal court in any municipality in | ||
which the property is seized or in which the property was alleged to | ||
have been stolen, except that the court may transfer venue to a | ||
court in another county on the motion of any interested party. | ||
SECTION 2. Article 47.02(b), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(b) On written consent of the prosecuting attorney and | ||
following an order described by Subsection (a), any magistrate | ||
having jurisdiction in the county in which the property was alleged | ||
to have been stolen or, if the [ |
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other offense involving the illegal acquisition of property is | ||
pending in another county, the county in which the action is pending | ||
may hold a hearing to determine the right to possession of the | ||
property. If it is proved to the satisfaction of the magistrate | ||
that any person is a true owner of the property alleged to have been | ||
stolen, and the property is under the control of a peace officer, | ||
the magistrate may, by written order, direct the property to be | ||
restored to that person. | ||
SECTION 3. This Act takes effect September 1, 2017. |