HB4933 - Relating to the disposition of a seized weapon belonging to a person who is not prosecuted or convicted for an offense involving the weapon.

  89R26039 JRR-F     By: Curry H.B. No. 4933     Substitute the following for H.B. No. 4933:     By:  Little C.S.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 by certified mail [ in writing ]   the person found in possession of the weapon and the person's   attorney of record, if applicable, 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 immediately released and 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 claimed [ requested ] before the first anniversary of [ 61st day   after ] the date of notification, the magistrate shall issue an   order revoking the order to release and return the weapon under this   subsection and [ , 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.