HBA-JEK H.B. 2184 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2184
By: Smith
Public Safety
77/25/2001
Enrolled



BACKGROUND AND PURPOSE 

State law prior to the 77th Legislature provided unclear time frames in
which courts and magistrates were required to function in situations
regarding the disposition of seized weapons.  The law sometimes led to
confusion over who a person was required to contact to request the return
of a seized weapon.  The law also resulted in an excessive accumulation of
seized weapons in the storage of evidence and allowed for circuitous
methods by which individuals were entitled to retrieve their weapons.
House Bill 2184 clarifies and modifies provisions regarding the disposition
of certain seized weapons. 

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 2184 amends the Code of Criminal Procedure to provide that a
person who is either convicted or receiving deferred adjudication for a
weapons violation is entitled to the person's seized weapon upon a timely,
written request to the court in which the person was convicted or placed on
deferred adjudication. The bill requires the magistrate to notify the
person in possession of a weapon before the 61st day after the date the
magistrate determines there will be no prosecution or conviction that the
person is entitled to the weapon upon written request.  The bill requires
the magistrate to order the return of the weapon before the 61st day after
the date the magistrate receives a request from the person. 

H.B. 2184 authorizes the court entering the judgment to return the weapon
to the owner even if the person was previously convicted on a weapons
charge, the weapon is a prohibited weapon, or the offense was committed on
the premises of a playground, school, video arcade facility, or youth
center.  If the magistrate or the court entering judgment of conviction
does not order the destruction, return, or forfeiture of the weapon within
the prescribed period, the law enforcement agency holding the weapon is
authorized to request an order of destruction or forfeiture of the weapon
from a magistrate.  

EFFECTIVE DATE

September 1, 2001.