Bill Text: TX SB631 | 2017-2018 | 85th Legislature | Enrolled
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-Enrolled.html
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. Article 47.01a, Code of Criminal Procedure, is | ||
amended by amending Subsections (a) and (d) and adding Subsection | ||
(e) 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. | ||
(e) The person who has the superior right to possession of | ||
the property, as determined in a hearing under Subsection (a), is | ||
responsible for any transportation necessary to deliver the | ||
property to the person as ordered under that subsection. | ||
SECTION 2. Article 47.02, Code of Criminal Procedure, is | ||
amended by amending Subsection (b) and adding Subsection (c) 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. | ||
(c) The owner of the property is responsible for any | ||
transportation necessary to restore the property to the owner as | ||
ordered under this article. | ||
SECTION 3. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 631 passed the Senate on | ||
May 8, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 631 passed the House on | ||
May 24, 2017, by the following vote: Yeas 146, Nays 0, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |