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.