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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposition of abandoned or unclaimed property |
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seized at the time of certain arrests. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18.17, Code of Criminal Procedure, is |
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amended by adding Subsections (d-1) and (d-2) to read as follows: |
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(d-1) Notwithstanding Subsection (a), (b), (c), or (d), if |
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property described by Subsection (a), other than money, is seized |
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by a peace officer at the time the owner of the property is arrested |
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for an offense punishable as a Class C misdemeanor, the peace |
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officer may provide notice to the owner at the time the owner is |
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released from custody. The notice must: |
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(1) be signed by the owner on receipt; |
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(2) describe the property being held; |
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(3) state the name and address of the officer holding |
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the property; and |
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(4) state that if the owner does not claim the property |
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before the 61st day after the date the owner signs the notice, the |
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property will be disposed of and the proceeds of the property, after |
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deducting the reasonable expense of keeping and disposing of the |
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property, will be placed in the treasury of the municipality or |
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county providing the notice. |
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(d-2) If the property for which notice is provided under |
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Subsection (d-1) is not claimed by the owner before the 61st day |
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after the date the owner signed the notice, the peace officer shall |
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deliver the property for disposition to a person designated by the |
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municipality or to the purchasing agent or sheriff of the county in |
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which the property was seized, as applicable. The person |
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designated by the municipality, the purchasing agent, or the |
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sheriff may sell or donate the property without mailing or |
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publishing an additional notice as required by Subsection (b), (c), |
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or (d). The sale proceeds, after deducting the reasonable expense |
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of keeping and disposing of the property, must be deposited in the |
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treasury of the municipality or county disposing of the property. |
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SECTION 2. Article 18.17, Code of Criminal Procedure, as |
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amended by this Act, applies to personal property seized or taken |
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into custody on or after the effective date of this Act. Personal |
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property seized or taken into custody before the effective date of |
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this Act is governed by the law in effect on the date the property is |
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seized or taken into custody, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |