CHAPTER 47. DISPOSITION OF STOLEN PROPERTY - Texas Statutes

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 47. DISPOSITION OF STOLEN PROPERTY

Art. 47.01. SUBJECT TO ORDER OF COURT. (a) Except as provided by

Subsection (b), an officer who comes into custody of property

alleged to have been stolen shall hold it subject to the order of

the proper court only if the ownership of the property is

contested or disputed.

(b) An officer who comes into custody of property governed by

Chapter 371, Finance Code, that is alleged to have been stolen

shall hold the property subject to the order of the proper court

regardless of whether the ownership of the property is contested

or disputed.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1993, 73rd Leg., ch. 860, Sec. 1, eff. Aug. 30,

1993; Acts 1999, 76th Leg., ch. 62, Sec. 3.07, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 752, Sec. 1, eff. Sept. 1, 2001.

Art. 47.01a. RESTORATION WHEN NO TRIAL IS PENDING. (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 a

municipal judge having jurisdiction as a magistrate in the

municipality in which the property is being held 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 section 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; or

(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;

(2) deliver the property to a person authorized by Article 18.17

of this code to receive and dispose of the property; or

(3) destroy the property.

(c) At a hearing under Subsection (a) of this article, any

interested person may present evidence showing that the property

was not acquired by theft or another offense or that the person

is entitled to possess the property. At the hearing, hearsay

evidence is admissible.

(d) Venue for a hearing under this article is in any justice,

county, statutory county, or district court in the county in

which the property is seized or in any municipal court in any

municipality in which the property is seized, except that the

court may transfer venue to a court in another county on the

motion of any interested party.

Added by Acts 1977, 65th Leg., p. 2034, ch. 813, Sec. 1, eff.

Aug. 29, 1977.

Amended by Acts 1987, 70th Leg., ch. 548, Sec. 1, eff. Aug. 31,

1987; Acts 1993, 73rd Leg., ch. 860, Sec. 1, eff. Aug. 30, 1993;

Subsec. (a) amended by Acts 1995, 74th Leg., ch. 184, Sec. 3,

eff. May 23, 1995.

Art. 47.02. RESTORED ON TRIAL. (a) On the trial of any

criminal action for theft or any other offense involving the

illegal acquisition of property, the court trying the case shall

order the property to be restored to the person appearing by the

proof to be the owner of the property.

(b) On written consent of the prosecuting attorney, any

magistrate having jurisdiction in the county in which a criminal

action for theft or any other offense involving the illegal

acquisition of property is pending may hold a hearing to

determine the right to possession of the property. If it is

proved to the satisfaction of the magistrate that any person is a

true owner of the property alleged to have been stolen, and the

property is under the control of a peace officer, the magistrate

may, by written order, direct the property to be restored to that

person.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1997, 75th Leg., ch. 1415, Sec. 1, eff. Sept. 1,

1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

613, Sec. 2, eff. September 1, 2009.

Art. 47.03. SCHEDULE. When an officer seizes property alleged to

have been stolen, he shall immediately file a schedule of the

same, and its value, with the court having jurisdiction of the

case, certifying that the property has been seized by him, and

the reason therefor. The officer shall notify the court of the

names and addresses of each party known to the officer who has a

claim to possession of the seized property.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1993, 73rd Leg., ch. 860, Sec. 1, eff. Aug. 30,

1993.

Art. 47.04. RESTORED TO OWNER. Upon an examining trial, if it is

proven to the satisfaction of the court that any person is the

true owner of property alleged to have been stolen, and which is

in possession of a peace officer, the court may upon motion by

the state, by written order direct the property to be restored to

such owner subject to the conditions that such property shall be

made available to the state or by order of any court having

jurisdiction over the offense to be used for evidentiary

purposes.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1993, 73rd Leg., ch. 860, Sec. 1, eff. Aug. 30,

1993.

Art. 47.05. BOND REQUIRED. If the court has any doubt as to the

ownership of the property, the court may require a bond of the

claimant for its re-delivery in case it should thereafter be

shown not to belong to such claimant; or the court may, in its

discretion, direct the property to be retained by the sheriff

until further orders as to its possession. Such bond shall be in

a sum equal to the value of the property, with sufficient

security, payable to and approved by the county judge of the

county in which the property is in custody. Such bond shall be

filed in the office of the county clerk of such county, and in

case of a breach thereof may be sued upon in such county by any

claimant of the property; or by the county treasurer of such

county.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1993, 73rd Leg., ch. 860, Sec. 1, eff. Aug. 30,

1993.

Art. 47.06. PROPERTY SOLD. If the property is not claimed within

30 days from the conviction of the person accused of illegally

acquiring it, the same procedure for its disposition as set out

in Article 18.17 of this Code shall be followed.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1987, 70th Leg., ch. 66, Sec. 2, eff. May 6,

1987.

Art. 47.07. OWNER MAY RECOVER. The real owner of the property

sold under the provisions of Article 47.06 may recover such

property under the same terms as prescribed in Subsection (e) of

Article 18.17 of this Code.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1987, 70th Leg., ch. 66, Sec. 2, eff. May 6,

1987.

Art. 47.08. WRITTEN INSTRUMENT. If the property is a written

instrument, it shall be deposited with the county clerk of the

county where the proceedings are had, subject to the claim of any

person who may establish his right thereto. The claimant of any

such written instrument shall file his written sworn claim

thereto with the county judge. If such judge be satisfied that

such claimant is the real owner of the written instrument, the

same shall be delivered to him. The county judge may, in his

discretion, require a bond of such claimant, as in other cases of

property claimed under any provision of this Chapter, and may

also before such delivery require the written instrument to be

recorded in the minutes of his court.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 47.09. CLAIMANT TO PAY CHARGES. The claimant of the

property, before he shall be entitled to have the same delivered

to him, shall pay all reasonable charges for the safekeeping of

the same while in the custody of the law, which charges shall be

verified by the affidavit of the officer claiming the same, and

determined by the court having jurisdiction thereof. If said

charges are not paid, the property shall be sold as under

execution; and the proceeds of sale, after the payment of said

charges and costs of sale, paid to the owner of such property.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1993, 73rd Leg., ch. 860, Sec. 1, eff. Aug. 30,

1993.

Art. 47.10. CHARGES OF OFFICER. When property is sold, and the

proceeds of sale are ready to be paid into the county treasury,

the amount of expenses for keeping the same and the costs of sale

shall be determined by the county judge. The account thereof

shall be in writing and verified by the officer claiming the

same, with the approval of the county judge thereto for the

amount allowed and shall be filed in the office of the county

treasurer at the time of paying into his hands the balance of the

proceeds of such sale.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 47.11. SCOPE OF CHAPTER. Each provision of this Chapter

relating to stolen property applies as well to property acquired

in any manner which makes the acquisition a penal offense.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 47.12. APPEAL. (a) Appeals from a hearing in a district

court, county court, or statutory county court under Article

47.01a of this code shall be heard by a court of appeals. The

appeal is governed by the applicable rules of procedure for

appeals of civil cases to a court of appeals.

(b) Appeals from a hearing in a municipal court or justice court

under Article 47.01a of this code shall be heard by a county

court or statutory county court. The appeal is governed by the

applicable rules of procedure for appeals for civil cases in

justice courts to a county court or statutory county court.

(c) Only an interested person who appears at a hearing under this

article may appeal, and such person must give an oral notice of

appeal at the conclusion of the hearing and must post an appeal

bond by the end of the next business day, exclusive of Saturdays,

Sundays, and legal holidays.

(d) The court may require an appeal bond, in an amount determined

appropriate by the court, but not to exceed twice the value of

the property. The bond shall be made payable to the party who was

awarded possession at the hearing, with sufficient sureties

approved by the court, and conditioned that appellant will

prosecute his appeal to conclusion.

Added by Acts 1993, 73rd Leg., ch. 860, Sec. 2, eff. Aug. 30,

1993.