HBA-KDB, EDN C.S.H.B. 1656 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1656
By: Talton
Criminal Jurisprudence
3/25/2001
Committee Report (Substituted)



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.  C.S.H.B. 1656 requires an officer to hold allegedly stolen property
for a property hearing only if ownership of the property is contested or
disputed, unless the allegedly stolen property is governed by the Texas
Pawnshop Act. 

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

C.S.H.B. 1656  amends the Code of Criminal Procedure to require an officer
who comes into custody of property alleged to have been stolen (property)
to hold the property subject to the order of the proper court only if the
ownership of the property is contested or disputed, except that an officer
who comes into custody of property that is governed by the Texas Pawnshop
Act is required to hold such property subject to the order of the proper
court, regardless of whether 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. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1656 modifies the original to add a provision stipulating that if
the allegedly stolen property with which an officer comes into custody is
governed by the Texas Pawnshop Act, the officer is required to hold such
property subject to the order of the proper court, regardless of whether
the ownership of property is contested or disputed.