HBA-KDB, EDN H.B. 1656 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1656 By: Talton Criminal Jurisprudence 3/11/2001 Introduced BACKGROUND AND PURPOSE Currently, if a law enforcement officer (officer) recovers stolen property, the officer must hold the property subject to the order of the proper court even if ownership is uncontested. On occasion, law enforcement officers recover crime victims' uncontested property that is not evidence; however the officer cannot legally return the property without a proper court order. House Bill 1656 provides that an officer must only hold allegedly stolen property for a property hearing if ownership of the property is contested or disputed. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1656 amends the Code of Criminal Procedure to provide that an officer who comes into custody of property alleged to have been stolen must hold the property subject to the order of the proper court if the ownership of the property is contested or disputed. The bill removes provisions authorizing an officer to release to the owner property recovered that is subject to the Certificate of Title Act under certain conditions. EFFECTIVE DATE September 1, 2001.