Texas Code of Criminal Procedure - Article 18.181. Disposition Of Explosive Weapons And Chemical Dispensing Devices
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Art. 18.181. DISPOSITION OF EXPLOSIVE WEAPONS AND CHEMICAL
DISPENSING DEVICES. (a) After seizure of an explosive weapon or
chemical dispensing device, as these terms are defined in Section
46.01, Penal Code, a peace officer or a person acting at the
direction of a peace officer shall:
(1) photograph the weapon in the position where it is
recovered before touching or moving it;
(2) record the identification designations printed on a
weapon if the markings are intact;
(3) if the weapon can be moved, move it to an isolated area
in order to lessen the danger to the public;
(4) if possible, retain a portion of a wrapper or other
packaging materials connected to the weapon;
(5) retain a small portion of the explosive material and
submit the material to a laboratory for chemical analysis;
(6) separate and retain components associated with the
weapon such as fusing and triggering mechanisms if those mechanisms
are not hazardous in themselves;
(7) destroy the remainder of the weapon in a safe manner;
(8) at the time of destruction, photograph the destruction
process and make careful observations of the characteristics of the
destruction;
(9) after destruction, inspect the disposal site and
photograph the site to record the destructive characteristics of
the weapon; and
(10) retain components of the weapon and records of the
destruction for use as evidence in court proceedings.
(b) Representative samples, photographs, and records made
pursuant to this article are admissible in civil or criminal
proceedings in the same manner and to the same extent as if the
explosive weapon were offered in evidence, regardless of whether or
not the remainder of the weapon has been destroyed. No inference or
presumption of spoliation applies to weapons destroyed pursuant to
this article.
Added by Acts 1983, 68th Leg., p. 4832, ch. 852, Sec. 5, eff. Sept.
1, 1983.
Article: 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.181 18.183 18.19 18.20 18.21 18.22 18.23 19.01
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Last modified: August 10, 2007
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