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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 in writing the person found in |
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possession of the weapon that the person is entitled to the weapon |
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upon written request to the magistrate. Not later than the 60th day |
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after the date of notification, the [The] magistrate shall order |
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the weapon returned to the person found in possession [before the |
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61st day after the date the magistrate receives a request from the |
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person. If the weapon is not requested before the 61st day after |
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the date of notification, the magistrate shall, before the 121st |
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day after the date of notification, order the weapon destroyed, |
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sold at public sale by the law enforcement agency holding the weapon |
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or by an auctioneer licensed under Chapter 1802, Occupations Code, |
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or forfeited to the state for use by the law enforcement agency |
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holding the weapon or by a county forensic laboratory designated by |
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the magistrate. If the magistrate does not order the return, |
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destruction, sale, or forfeiture of the weapon within the |
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applicable period prescribed by this subsection, the law |
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enforcement agency holding the weapon may request an order of |
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destruction, sale, or forfeiture of the weapon from the magistrate. |
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Only a firearms dealer licensed under 18 U.S.C. Section 923 may |
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purchase a weapon at public sale under this subsection. Proceeds |
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from the sale of a seized weapon under this subsection shall be |
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transferred, after the deduction of court costs to which a district |
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court clerk is entitled under Article 59.05(f), followed by the |
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deduction of auction costs, to the law enforcement agency holding |
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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. |