Texas Code of Criminal Procedure - Article 47.01a. Restoration When No Trial Is Pending
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Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 47.01a. Restoration When No Trial Is Pending
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.
Article: 45.201 45.202 45.203 46.03 46.04 46.05 47.01 47.01a 47.02 47.03 47.04 47.05 47.06 47.07 47.08
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Last modified: August 10, 2007
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