SECTION 1. Articles 18.19(c),
(d), and (e), Code of Criminal Procedure, are amended
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 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, 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 or forfeiture of the weapon
from the magistrate.
(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 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.
(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 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
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 or forfeiture
of the weapon from a magistrate.
SECTION 2. The change in
law made by this Act applies only to the disposition
of a weapon seized on or after the effective date of
this Act. The disposition of a weapon seized before
the effective date of this Act is covered by the law
in effect when the weapon was seized, and the former
law is continued in effect for that purpose.
SECTION 3. This Act takes
effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker
of the House
I certify that H.B. No. 705
was passed by the House on March 23, 2005, by a non-record
vote.
______________________________
Chief
Clerk of the House
I certify that H.B. No. 705
was passed by the Senate on May 20, 2005, by the following
vote: Yeas 31, Nays 0.
______________________________
Secretary
of the Senate
APPROVED: _____________________
Date
_____________________
Governor