Magistrates: Revised September 2014


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112th Update to the Civil Procedure Rules
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111th Update to the Civil Procedure Rules

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Make Money Online with Your Videos: A complete guide to creating and selling stock video footage at microstock agencies. PDF Online. Cambridge Library Collection - Mathematics ePub. Thomas Wu Download. PDF Building a Web 2. May 18, Not later than the 30th day after the final conviction of a person for an offense involving a prohibited weapon, the court entering the judgment of conviction on its own motion, on the motion of the prosecuting attorney in the case, or on the motion of the law enforcement agency initiating the complaint on notice to the prosecuting attorney in the case if the prosecutor fails to move for the order shall order that the prohibited weapon be destroyed or forfeited to the law enforcement agency that initiated the complaint.


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If the court fails to enter the order within the time required by this subsection, any magistrate in the county in which the offense occurred may enter the order. Following the final conviction of a person for an offense involving dog fighting, the court entering the judgment of conviction shall order that any dog-fighting equipment be destroyed or forfeited to the state.

Destruction of dogs, if necessary, must be carried out by a veterinarian licensed in this state or, if one is not available, by trained personnel of a humane society or an animal shelter. If forfeited, the court shall order the contraband delivered to the state, any political subdivision of the state, or to any state institution or agency.

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If gambling proceeds were seized, the court shall order them forfeited to the state and shall transmit them to the grand jury of the county in which they were seized for use in investigating alleged violations of the Penal Code, or to the state, any political subdivision of the state, or to any state institution or agency.

The magistrate, on the motion of the law enforcement agency seizing a prohibited weapon, shall order the weapon destroyed or forfeited to the law enforcement agency seizing the weapon, unless a person shows cause as to why the prohibited weapon should not be destroyed or forfeited. A law enforcement agency shall make a motion under this section in a timely manner after the time at which the agency is informed in writing by the attorney representing the state that no prosecution will arise from the seizure.

If no one was found in possession, or the possessor's address is unknown, the magistrate shall post the notice on the courthouse door. Failure to timely appear forfeits any interest the person may have in the property or proceeds seized, and no person after failing to timely appear may contest destruction or forfeiture. Unless the person proves by a preponderance of the evidence that the property or proceeds is not gambling equipment, altered gambling equipment, gambling paraphernalia, gambling device, gambling proceeds, prohibited weapon, obscene device or material, child pornography, criminal instrument, scanning device or re-encoder, or dog-fighting equipment and that he is entitled to possession, the magistrate shall dispose of the property or proceeds in accordance with Paragraph a of this article.

A equipment used for training or handling a fighting dog, including a harness, treadmill, cage, decoy, pen, house for keeping a fighting dog, feeding apparatus, or training pen;. B equipment used for transporting a fighting dog, including any automobile, or other vehicle, and its appurtenances which are intended to be used as a vehicle for transporting a fighting dog;.

C equipment used to promote or advertise an exhibition of dog fighting, including a printing press or similar equipment, paper, ink, or photography equipment; or. D a dog trained, being trained, or intended to be used to fight with another dog;.

Amended by Acts , 68th Leg. April 1, No inference or presumption of spoliation applies to weapons destroyed pursuant to this article.

Policies and Procedures

Added by Acts , 86th Leg. Added by Acts , 70th Leg. Renumbered from art. The magistrate shall order the weapon returned to the person found in possession before the 61st day after the date the magistrate receives a request from the person. If the weapon is not requested before the 61st day after the date of notification, the magistrate shall, before the st day after the date of notification, order the weapon destroyed, sold at public sale by the law enforcement agency holding the weapon or by an auctioneer licensed under Chapter , Occupations Code, or forfeited to the state for use by the law enforcement agency holding the weapon or by a county forensic laboratory designated by the magistrate.

If the magistrate does not order the return, destruction, sale, or forfeiture of the weapon within the applicable period prescribed by this subsection, the law enforcement agency holding the weapon may request an order of destruction, sale, or forfeiture of the weapon from the magistrate. Only a firearms dealer licensed under 18 U. Section may purchase a weapon at public sale under this subsection. Proceeds from the sale of a seized weapon under this subsection shall be transferred, after the deduction of court costs to which a district court clerk is entitled under Article However, the court entering the judgment shall order the weapon destroyed, sold at public sale by the law enforcement agency holding the weapon or by an auctioneer licensed under Chapter , Occupations Code, or forfeited to the state for use by the law enforcement agency holding the weapon or by a county forensic laboratory designated by the court if:.

Section may purchase a weapon at public sale under Subsection d. Proceeds from the sale of a seized weapon under Subsection d shall be transferred, after the deduction of court costs to which a district court clerk is entitled under Article If the court entering judgment of conviction does not order the destruction, sale, or forfeiture of the weapon within the period prescribed by this subsection, the law enforcement agency holding the weapon may request an order of destruction, sale, or forfeiture of the weapon from a magistrate.

The written notice must state the date by which a request for the return of the firearm must be submitted to the law enforcement agency as provided by Subsection h. Not later than the 30th day after the date of this request, the clerk of the court shall advise the requesting agency whether the person taken into custody was released under Section Section g ; and. Section g 4 ;. A the law enforcement agency holding the firearm conducts a check of state and national criminal history record information and verifies that the designee may lawfully possess a firearm under 18 U.

Magistrates: Revised September 2014 Magistrates: Revised September 2014
Magistrates: Revised September 2014 Magistrates: Revised September 2014
Magistrates: Revised September 2014 Magistrates: Revised September 2014
Magistrates: Revised September 2014 Magistrates: Revised September 2014
Magistrates: Revised September 2014 Magistrates: Revised September 2014
Magistrates: Revised September 2014 Magistrates: Revised September 2014
Magistrates: Revised September 2014 Magistrates: Revised September 2014
Magistrates: Revised September 2014 Magistrates: Revised September 2014
Magistrates: Revised September 2014

Related Magistrates: Revised September 2014



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