Texas Code of Criminal Procedure - Article 2.21. Duty Of Clerks
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Art. 2.21. [45] [55] [56] DUTY OF CLERKS. (a) In a criminal
proceeding, a clerk of the district or county court shall:
(1) receive and file all papers;
(2) receive all exhibits at the conclusion of the
proceeding;
(3) issue all process; and
(4) perform all other duties imposed on the clerk by law.
(b) At any time during or after a criminal proceeding, the
court reporter shall release for safekeeping any firearm or
contraband received as an exhibit in that proceeding to:
(1) the sheriff; or
(2) in a county with a population of 500,000 or more, the law
enforcement agency that collected, seized, or took possession of
the firearm or contraband or produced the firearm or contraband at
the proceeding.
(c) The sheriff or the law enforcement agency, as
applicable, shall receive and hold the exhibits consisting of
firearms or contraband and release them only to the person or
persons authorized by the court in which such exhibits have been
received or dispose of them as provided by Chapter 18.
(d) In this article, "eligible exhibit" means an exhibit
filed with the clerk that:
(1) is not a firearm or contraband;
(2) has not been ordered by the court to be returned to its
owner; and
(3) is not an exhibit in another pending criminal action.
(e) An eligible exhibit may be disposed of as provided by
this article:
(1) on or after the first anniversary of the date on which a
conviction becomes final in the case, if the case is a misdemeanor
or a felony for which the sentence imposed by the court is five
years or less; or
(2) on or after the second anniversary of the date on which a
conviction becomes final in the case, if the case is a non-capital
felony for which the sentence imposed by the court is greater than
five years.
(f) A clerk in a county with a population of 1.7 million or
more may dispose of an eligible exhibit on the date provided by
Subsection (e) of this article if on that date the clerk has not
received a request for the exhibit from either the attorney
representing the state in the case or the attorney representing the
defendant.
(g) A clerk in a county with a population of less than 1.7
million must provide written notice by mail to the attorney
representing the state in the case and the attorney representing
the defendant before disposing of an eligible exhibit.
(h) The notice under Subsection (g) of this article must:
(1) describe the eligible exhibit;
(2) give the name and address of the court holding the
exhibit; and
(3) state that the eligible exhibit will be disposed of
unless a written request is received by the clerk before the 31st
day after the date of notice.
(i) If a request is not received by a clerk covered by
Subsection (g) of this article before the 31st day after the date of
notice, the clerk may dispose of the eligible exhibit.
(j) If a request is timely received, the clerk shall deliver
the eligible exhibit to the person making the request if the court
determines the requestor is the owner of the eligible exhibit.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Amended by Acts 1979, 66th Leg., p. 212, ch. 119, Sec. 1, eff. Aug.
27, 1979; Acts 1993, 73rd Leg., ch. 967, Sec. 1, eff. Sept. 1, 1993;
Acts 1999, 76th Leg., ch. 580, Sec. 1, eff. Sept. 1, 1999.
Subsec. (b) amended by Acts 2005, 79th Leg., ch. 1026, Sec. 1, eff.
Sept. 1, 2005; Subsec. (c) amended by Acts 2005, 79th Leg., ch.
1026, Sec. 1, eff. Sept. 1, 2005.
Article: 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.211 2.22 2.23 2.24 2.25 2.26 2.27
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Last modified: August 10, 2007
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