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.

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Last modified: August 10, 2007