Texas Code of Criminal Procedure - Article 47.02. Restored On Trial
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Art. 47.02. [934] [1032] [997] RESTORED ON TRIAL. Upon the
trial of any criminal action for theft, or for any other illegal
acquisition of property which is by law a penal offense, 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 same.
Likewise, the judge of any court in which the trial of any
criminal action for theft or any other illegal acquisition of
property which is by law a penal offense is pending may, upon
hearing, if it is proved to the satisfaction of the judge of said
court that any person is a true owner of the property alleged to
have been stolen, and which is in possession of a peace officer, by
written order, direct the property to be restored to such owner.
As to property subject to the Certificate of Title Act
(Chapter 501, Transportation Code), any magistrate having
jurisdiction in the county in which the criminal action is pending
may hold a hearing to determine the right to possession of the
property, even if a criminal action is pending, upon written
consent of the prosecuting attorney.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1997, 75th Leg., ch. 1415, Sec. 1, eff. Sept. 1,
1997.
Article: 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 47.09
Last modified: August 11, 2007
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