Texas Code of Criminal Procedure

§ 47.01a — RESTORATION WHEN NO TRIAL IS PENDING

CR § 47.01aTitle 1. CODE OF CRIMINAL PROCEDURE · Ch. 47. DISPOSITION OF STOLEN PROPERTY

Statute text

(a)If a criminal action relating to allegedly stolen property is not pending, a district judge, county court judge, statutory county court judge, or justice of the peace having jurisdiction as a magistrate in the county in which the property is held or in which the property was alleged to have been stolen or a municipal judge having jurisdiction as a magistrate in the municipality in which the property is being held or in which the property was alleged to have been stolen may hold a hearing to determine the right to possession of the property, upon the petition of an interested person, a county, a city, or the state. Jurisdiction under this article is based solely on jurisdiction as a criminal magistrate under this code and not jurisdiction as a civil court. The court shall:

(1)order the property delivered to whoever has the superior right to possession, without conditions;

(2)on the filing of a written motion before trial by an attorney representing the state, order the property delivered to whoever has the superior right to possession, subject to the condition that the property be made available to the prosecuting authority should it be needed in future prosecutions; or

(3)order the property awarded to the custody of the peace officer, pending resolution of criminal investigations regarding the property.

(b)If it is shown in a hearing that probable cause exists to believe that the property was acquired by theft or by another manner that makes its acquisition an offense and that the identity of the actual owner of the property cannot be determined, the court shall order the peace officer to:

(1)deliver the property to a government agency for official purposes;

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Legislative history

Acts 2017, 85th Leg., R.S., Ch. 565 (S.B. 631), Sec. 1, eff. September 1, 2017.