85R5137 AJZ-F     By: Wilson, Murr, Lang, et al. H.B. No. 1575       A BILL TO BE ENTITLED   AN ACT   relating to venue for the disposition of stolen property.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Articles 47.01a(a) and (d), Code of Criminal   Procedure, are amended to read as follows:          (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 [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.          (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 which the property was alleged   to have been stolen or in any municipal court in any municipality in   which the property is seized or in which the property was alleged to   have been stolen, except that the court may transfer venue to a   court in another county on the motion of any interested party.          SECTION 2.  Article 47.02(b), Code of Criminal Procedure, is   amended to read as follows:          (b)  On written consent of the prosecuting attorney and   following an order described by Subsection (a), any magistrate   having jurisdiction in the county in which the property was alleged   to have been stolen or, if the [a] criminal action for theft or any   other offense involving the illegal acquisition of property is   pending in another county, the county in which the action 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.          SECTION 3.  This Act takes effect September 1, 2017.