HBA-KDB, EDN H.B. 1656 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1656
By: Talton
Criminal Jurisprudence
3/11/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, if a law enforcement officer (officer) recovers stolen property,
the officer must hold the property subject to the order of the proper court
even if ownership is uncontested.  On occasion, law enforcement officers
recover crime victims' uncontested  property that is not  evidence; however
the officer cannot legally return the property without a proper court
order.  House Bill 1656 provides that an officer must only hold allegedly
stolen property for a  property hearing if ownership of the property is
contested or disputed. 

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 1656 amends the Code of Criminal Procedure to provide that an
officer who comes into custody of property alleged to have been stolen must
hold the property subject to the order of the proper court if the ownership
of the property is contested or disputed.  The bill removes provisions
authorizing an officer to release to the owner property recovered that is
subject to the Certificate of Title Act under certain conditions. 

EFFECTIVE DATE

September 1, 2001.