Bill Text: TX HB2857 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the disposition of abandoned or unclaimed property seized at the time of certain arrests.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-19 - Referred to Criminal Jurisprudence [HB2857 Detail]
Download: Texas-2013-HB2857-Introduced.html
| 83R10713 ADM-D | ||
| By: Wu | H.B. No. 2857 | |
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| relating to the disposition of abandoned or unclaimed property | ||
| seized at the time of certain arrests. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 18.17, Code of Criminal Procedure, is | ||
| amended by adding Subsections (d-1) and (d-2) to read as follows: | ||
| (d-1) Notwithstanding Subsection (a), (b), (c), or (d), if | ||
| property described by Subsection (a), other than money, is seized | ||
| by a peace officer at the time the owner of the property is arrested | ||
| for an offense punishable as a Class C misdemeanor, the peace | ||
| officer may provide notice to the owner at the time the owner is | ||
| released from custody. The notice must: | ||
| (1) be signed by the owner on receipt; | ||
| (2) describe the property being held; | ||
| (3) state the name and address of the officer holding | ||
| the property; and | ||
| (4) state that if the owner does not claim the property | ||
| before the 61st day after the date the owner signs the notice, the | ||
| property will be disposed of and the proceeds of the property, after | ||
| deducting the reasonable expense of keeping and disposing of the | ||
| property, will be placed in the treasury of the municipality or | ||
| county providing the notice. | ||
| (d-2) If the property for which notice is provided under | ||
| Subsection (d-1) is not claimed by the owner before the 61st day | ||
| after the date the owner signed the notice, the peace officer shall | ||
| deliver the property for disposition to a person designated by the | ||
| municipality or to the purchasing agent or sheriff of the county in | ||
| which the property was seized, as applicable. The person | ||
| designated by the municipality, the purchasing agent, or the | ||
| sheriff may sell or donate the property without mailing or | ||
| publishing an additional notice as required by Subsection (b), (c), | ||
| or (d). The sale proceeds, after deducting the reasonable expense | ||
| of keeping and disposing of the property, must be deposited in the | ||
| treasury of the municipality or county disposing of the property. | ||
| SECTION 2. Article 18.17, Code of Criminal Procedure, as | ||
| amended by this Act, applies to personal property seized or taken | ||
| into custody on or after the effective date of this Act. Personal | ||
| property seized or taken into custody before the effective date of | ||
| this Act is governed by the law in effect on the date the property is | ||
| seized or taken into custody, and the former law is continued in | ||
| effect for that purpose. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2013. | ||
