SB352 - Relating to certain proceedings or procedures involving the disposition of certain contraband or abandoned or unclaimed property.

  89R4327 JRR-D     By: Eckhardt S.B. No. 352       A BILL TO BE ENTITLED   AN ACT   relating to certain proceedings or procedures involving the   disposition of certain contraband or abandoned or unclaimed   property.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 18.17(d-1), Code of Criminal Procedure,   is amended to read as follows:          (d-1)  Notwithstanding Subsection (a), (b), (c), or (d), if   property described by Subsection (a), other than money, is seized   by a peace officer at the time the owner of the property is arrested   for an offense punishable as a Class C misdemeanor, the law   enforcement agency shall [ may ] provide notice to the owner at the   time the owner is taken into or released from custody.  On   receiving the notice, the owner must sign the notice and attach a   thumbprint to the notice.  The notice must include:                (1)  a description of the property being held;                (2)  the address where the property is being held; and                (3)  a statement that if the owner does not claim the   property before the 31st day after the date the owner is released   from custody, the property will be disposed of and the proceeds of   the property, after deducting the reasonable expense of keeping and   disposing of the property, will be placed in the treasury of the   municipality or county providing the notice.          SECTION 2.  Articles 18.18(b), (e), (f), and (g), Code of   Criminal Procedure, are amended to read as follows:          (b)  If there is no prosecution or conviction following   seizure, the magistrate to whom the return was made shall notify in   writing the person found in possession of the alleged gambling   device or equipment, altered gambling equipment or gambling   paraphernalia, gambling proceeds, prohibited weapon, obscene   device or material, child pornography, scanning device or   re-encoder, criminal instrument, or dog-fighting equipment that   the state may initiate a proceeding to destroy or forfeit the   property seized and that the person may contest the destruction or   forfeiture by appearing before the magistrate on the 30th day after   the date the notice was posted [ to show cause why the property   seized should not be destroyed or the proceeds forfeited ].  [ The   magistrate, on the motion of the law enforcement agency seizing a   prohibited weapon, shall order the weapon destroyed or forfeited to   the law enforcement agency seizing the weapon, unless a person   shows cause as to why the prohibited weapon should not be destroyed   or forfeited.     A law enforcement agency shall make a motion under   this section in a timely manner after the time at which the agency   is informed in writing by the attorney representing the state that   no prosecution will arise from the seizure. ]          (e)  Any person interested in the alleged gambling device or   equipment, altered gambling equipment or gambling paraphernalia,   gambling proceeds, prohibited weapon, obscene device or material,   child pornography, scanning device or re-encoder, criminal   instrument, or dog-fighting equipment seized must appear before the   magistrate on the 30th [ 20th ] day following the date the notice was   mailed or posted.  Failure to timely appear forfeits any interest   the person may have in the property or proceeds seized, and no   person after failing to timely appear may contest destruction or   forfeiture.          (f)  If a person timely appears before the magistrate in   accordance with Subsection (e) [ to show cause why the property or   proceeds should not be destroyed or forfeited ], the magistrate   shall conduct a hearing regarding whether the property or proceeds   should be destroyed or forfeited [ on the issue ] and determine the   nature of property or proceeds and the person's interest   therein.   The state has the burden of proving that the state is   entitled to destroy or forfeit the property or proceeds by proving   [ Unless the person proves ] by a preponderance of the evidence that   the property or proceeds are [ is not ] gambling equipment, altered   gambling equipment, gambling paraphernalia, a gambling device,   gambling proceeds, a prohibited weapon, an obscene device or   material, child pornography, a criminal instrument, a scanning   device or re-encoder, or dog-fighting equipment . If the state   proves by a preponderance of the evidence that the state is entitled   to destroy or forfeit the property or proceeds [ and that he is   entitled to possession ], the magistrate shall dispose of the   property or proceeds in accordance with Subsection [ Paragraph ] (a)   [ of this article ]. If the state fails to prove by a preponderance   of the evidence that the state is entitled to destroy or forfeit the   property or proceeds, the property or proceeds, including the   interest earned on the proceeds if the proceeds were deposited in an   interest-bearing bank account under Article 18.183(a)(1), must be   returned to the interested party not later than the 61st day after   the date of the magistrate's ruling.          (g)  For purposes of this article:                (1)  "criminal instrument" has the meaning defined in   the Penal Code;                (2)  "gambling device or equipment, altered gambling   equipment or gambling paraphernalia" has the meaning defined in the   Penal Code;                (3)   "gambling proceeds" means:                         (A)     proceeds gained from the commission of an   offense under Chapter 47, Penal Code; and                       (B)     property acquired with proceeds described by   Paragraph (A);                 (4)   "prohibited weapon" has the meaning defined in the   Penal Code;                 (5)  [ (4) ]  "dog-fighting equipment" means:                      (A)  equipment used for training or handling a   fighting dog, including a harness, treadmill, cage, decoy, pen,   house for keeping a fighting dog, feeding apparatus, or training   pen;                      (B)  equipment used for transporting a fighting   dog, including any automobile, or other vehicle, and its   appurtenances which are intended to be used as a vehicle for   transporting a fighting dog;                      (C)  equipment used to promote or advertise an   exhibition of dog fighting, including a printing press or similar   equipment, paper, ink, or photography equipment; or                      (D)  a dog trained, being trained, or intended to   be used to fight with another dog;                 (6)  [ (5) ]  "obscene device" and "obscene" have the   meanings assigned by Section 43.21, Penal Code;                 (7)  [ (6) ]  "re-encoder" has the meaning assigned by   Section 522.001, Business & Commerce Code;                 (8)  [ (7) ]  "scanning device" has the meaning assigned   by Section 522.001, Business & Commerce Code; and                 (9)  [ (8) ]  "obscene material" and "child pornography"   include digital images and the media and equipment on which those   images are stored.          SECTION 3.  Article 18.183, Code of Criminal Procedure, is   amended to read as follows:          Art. 18.183.  DEPOSIT OR STORAGE OF MONEY PENDING   DISPOSITION ; CIVIL ACTION . (a) If money is seized by a law   enforcement agency in connection with a violation of Chapter 47,   Penal Code, the state or the political subdivision of the state that   employs the law enforcement agency :                 (1)   may deposit the money in an interest-bearing bank   account in the jurisdiction of the agency that made seizure or in   the county in which the money was seized until a final judgment is   rendered concerning the violation or in a forfeiture proceeding   under Article 18.18 arising out of the violation; and                 (2)     if the money is not deposited in an   interest-bearing bank account under Subdivision (1), shall deposit   or store the money in a readily accessible and secure manner until a   final judgment is rendered concerning the violation or in a   forfeiture proceeding under Article 18.18 arising out of the   violation .          (b)  If a final judgment is rendered concerning a violation   of Chapter 47, Penal Code, or in a forfeiture proceeding under   Article 18.18 arising out of the violation, money seized in   connection with the violation that has been placed in an   interest-bearing bank account shall be distributed according to   this chapter, with any interest being distributed in the same   manner and used for the same purpose as the principal.           (c)     If the state or a political subdivision of the state   fails to comply with Subsection (a)(2), a person may bring a civil   action against the state or the political subdivision for damages   incurred by the failure. Sovereign immunity of this state and   governmental immunity of a political subdivision to suit and from   liability are waived to the extent of liability created by this   subsection.          SECTION 4.  The changes in law made by this Act apply only to   property or proceeds seized on or after the effective date of this   Act. Property or proceeds seized before the effective date of this   Act are governed by the law in effect on the date the property or   proceeds were seized, and the former law is continued in effect for   that purpose. For purposes of this section, property or proceeds   were seized before the effective date of this Act if any portion of   the property or proceeds were seized before that date.          SECTION 5.  This Act takes effect September 1, 2025.