HBA-AMW C.S.H.B. 279 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 279
By: Berman
Criminal Jurisprudence
4/27/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, a peace officer who comes into custody of property
alleged to have been stolen must hold it subject to the order of the
appropriate court.  A victim of an alleged stolen property offense is
subject to a court date that may result in an extensive waiting period,
storage fees, and inconvenience resulting from the lack of access to the
property.  Without access to the property, the victim may be left without
transportation to and from work or school, or in a case of a medical
emergency, and may incur additional costs as rental car fees or bus fare.
C.S.H.B. 279 shortens the time period for the release of alleged stolen
property to the victim and sets forth provisions for establishing ownership
of the property. 

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

C.S.H.B. 279 amends the Code of Criminal Procedure to add procedures
relating to the disposition of stolen property.  The bill authorizes a
magistrate or peace officer (officer) to release the stolen property to a
person who establishes ownership of the property if the officer recovers
the stolen property within 24 hours of the time the property was reported
stolen, or no later than 30 days after the property was reported stolen and
the property bears a serial number or other permanent identification
marking that is discernible in its entirety to the officer.  The bill
provides that ownership is established for property discovered within 24
hours of the time it was stolen if the officer has no doubt under existing
circumstances as to the ownership of the property. The bill also provides
that ownership is established for property with a serial number or other
permanent identification marking if the number or marking provides the
officer with satisfactory proof that the person seeking to establish
ownership of the property is the owner of the property.   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 279 modifies the original bill by increasing from 14 to 30 days
after the date property was reported stolen the amount of time during which
a magistrate or peace officer is authorized to release specified stolen
property to a person who establishes ownership of the property.