HBA-EDN S.B. 1262 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1262
By: Brown, J.  E.  "Buster"
Criminal Jurisprudence
4/26/2001
Engrossed



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.  Senate Bill 1262 requires an officer to hold allegedly stolen
property for a property hearing only if ownership of the property is
contested or disputed, unless the allegedly stolen property is governed by
the Texas Pawnshop Act. 

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

Senate Bill 1262  amends the Code of Criminal Procedure to require an
officer who comes into custody of property alleged to have been stolen
(property) to hold the property subject to the order of the proper court
only if the ownership of the property is contested or disputed, except that
an officer who comes into custody of property that is governed by the Texas
Pawnshop Act is required to hold such property subject to the order of the
proper court, regardless of whether 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.