bill returns seized weapons when no one is prosecuted

The text as introduced · 423 words

89R14877 JRR-F

By: Curry
H.B. No. 4933

A BILL TO BE ENTITLED

AN ACT

relating to the disposition of a seized weapon belonging to a person

who is not prosecuted or convicted for an offense involving the

weapon.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 18.19(c), Code of Criminal Procedure, is

amended to read as follows:

(c) If there is no prosecution or conviction for an offense

involving the weapon seized, the magistrate to whom the seizure was

reported shall, not later than the 60th [ before the 61st ] day after

the date the magistrate determines that there will be no

prosecution or conviction, notify in writing the person found in

possession of the weapon that the person is entitled to the weapon

upon written request to the magistrate. Not later than the 60th day

after the date of notification, the [ The ] magistrate shall order

the weapon returned to the person found in possession [ before the

61st day after the date the magistrate receives a request from the

person. If the weapon is not requested before the 61st day after

the date of notification, the magistrate shall, before the 121st

day after the date of notification, order the weapon destroyed,

sold at public sale by the law enforcement agency holding the weapon

or by an auctioneer licensed under Chapter 1802, Occupations Code,

or forfeited to the state for use by the law enforcement agency

holding the weapon or by a county forensic laboratory designated by

the magistrate. If the magistrate does not order the return,

destruction, sale, or forfeiture of the weapon within the

applicable period prescribed by this subsection, the law

enforcement agency holding the weapon may request an order of

destruction, sale, or forfeiture of the weapon from the magistrate.

Only a firearms dealer licensed under 18 U.S.C. Section 923 may

purchase a weapon at public sale under this subsection. Proceeds

from the sale of a seized weapon under this subsection shall be

transferred, after the deduction of court costs to which a district

court clerk is entitled under Article 59.05(f), followed by the

deduction of auction costs, to the law enforcement agency holding

the weapon ].

SECTION 2. The change in law made by this Act applies to the

disposition of a weapon on or after the effective date of this Act,

regardless of whether the weapon was seized by a law enforcement

agency before, on, or after that date.

SECTION 3. This Act takes effect September 1, 2025.