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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposition of a seized weapon belonging to a person |
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who is not prosecuted or convicted for an offense involving the |
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weapon. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18.19(c), Code of Criminal Procedure, is |
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amended to read as follows: |
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(c) If there is no prosecution or conviction for an offense |
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involving the weapon seized, the magistrate to whom the seizure was |
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reported shall, not later than the 60th [before the 61st] day after |
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the date the magistrate determines that there will be no |
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prosecution or conviction, notify by certified mail [in writing] |
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the person found in possession of the weapon and the person's |
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attorney of record, if applicable, that the person is entitled to |
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the weapon [upon written request to the magistrate]. Not later than |
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the 60th day after the date of notification, the [The] magistrate |
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shall order the weapon immediately released and returned to the |
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person found in possession [before the 61st day after the date the |
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magistrate receives a request from the person]. If the weapon is |
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not claimed [requested] before the first anniversary of [61st day |
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after] the date of notification, the magistrate shall issue an |
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order revoking the order to release and return the weapon under this |
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subsection and [, before the 121st day after the date of |
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notification,] order the weapon destroyed, sold at public sale by |
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the law enforcement agency holding the weapon or by an auctioneer |
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licensed under Chapter 1802, Occupations Code, or forfeited to the |
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state for use by the law enforcement agency holding the weapon or by |
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a county forensic laboratory designated by the magistrate. If the |
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magistrate does not order the return, destruction, sale, or |
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forfeiture of the weapon within the applicable period prescribed by |
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this subsection, the law enforcement agency holding the weapon may |
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request an order of destruction, sale, or forfeiture of the weapon |
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from the magistrate. Only a firearms dealer licensed under 18 |
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U.S.C. Section 923 may purchase a weapon at public sale under this |
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subsection. Proceeds from the sale of a seized weapon under this |
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subsection shall be transferred, after the deduction of court costs |
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to which a district court clerk is entitled under Article 59.05(f), |
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followed by the deduction of auction costs, to the law enforcement |
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agency holding the weapon. |
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SECTION 2. The change in law made by this Act applies to the |
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disposition of a weapon on or after the effective date of this Act, |
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regardless of whether the weapon was seized by a law enforcement |
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agency before, on, or after that date. |
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SECTION 3. This Act takes effect September 1, 2025. |