83R2446 AJZ-D
	By: Estes	S.B. No. 343

	A BILL TO BE ENTITLED
	AN ACT
	relating to the disposition of certain seized weapons.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 18.19, Code of Criminal Procedure, is
	amended by amending Subsections (c), (d), and (e) and adding
	Subsection (d-1) 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, 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. 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.
	(d)  A person either convicted or receiving deferred
	adjudication under Chapter 46, Penal Code, is entitled to the
	weapon seized upon request to the court in which the person was
	convicted or placed on deferred adjudication. However, the court
	entering the judgment shall 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
	court if:
	(1)  the person does not request the weapon before the
	61st day after the date of the judgment of conviction or the order
	placing the person on deferred adjudication;
	(2)  the person has been previously convicted under
	Chapter 46, Penal Code;
	(3)  the weapon is one defined as a prohibited weapon
	under Chapter 46, Penal Code;
	(4)  the offense for which the person is convicted or
	receives deferred adjudication was committed in or on the premises
	of a playground, school, video arcade facility, or youth center, as
	those terms are defined by Section 481.134, Health and Safety Code;
	or
	(5)  the court determines based on the prior criminal
	history of the defendant or based on the circumstances surrounding
	the commission of the offense that possession of the seized weapon
	would pose a threat to the community or one or more individuals.
	(d-1)  Only a firearms dealer licensed under 18 U.S.C.
	Section 923 may purchase a weapon at public sale under Subsection
	(d). Proceeds from the sale of a seized weapon under Subsection (d)
	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.
	(e)  If the person found in possession of a weapon is
	convicted of an offense involving the use of the weapon, before the
	61st day after the date of conviction the court entering judgment of
	conviction shall order destruction of the weapon, sale at public
	sale by the law enforcement agency holding the weapon or by an
	auctioneer licensed under Chapter 1802, Occupations Code, or
	forfeiture to the state for use by the law enforcement agency
	holding the weapon or by a county forensic laboratory designated by
	the court. If the court entering judgment of conviction does not
	order the destruction, sale, or forfeiture of the weapon within the
	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 a 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.  This Act takes effect September 1, 2013.