CODE OF CRIMINAL PROCEDURE
CHAPTER 47. DISPOSITION OF STOLEN PROPERTY
Art. 47.01. [933] [1031] [996] Subject to Order of Court
(a) Except as provided by Subsection (b), an officer who comes into
custody of property alleged to have been stolen shall hold it
subject to the order of the proper court only if the ownership of
the property is contested or disputed.
(b) An officer who comes into custody of property governed by
Chapter 371, Finance Code, that is alleged to have been stolen shall
hold the property subject to the order of the proper court
regardless of whether the ownership of the property is contested or
disputed.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1993, 73rd Leg., ch. 860, Sec. 1, eff. Aug. 30,
1993; Acts 1999, 76th Leg., ch. 62, Sec. 3.07, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 752, Sec. 1, eff. Sept. 1, 2001.
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.
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.
Art. 47.03. [935] [1033] [998] Schedule
When an officer seizes property alleged to have been stolen, he
shall immediately file a schedule of the same, and its value, with
the court having jurisdiction of the case, certifying that the
property has been seized by him, and the reason therefor. The
officer shall notify the court of the names and addresses of each
party known to the officer who has a claim to possession of the
seized property.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1993, 73rd Leg., ch. 860, Sec. 1, eff. Aug. 30,
1993.
Art. 47.04. [936] [1034] [999] Restored to owner
Upon an examining trial, if it is proven to the satisfaction of the
court that any person is the true owner of property alleged to have
been stolen, and which is in possession of a peace officer, the
court may upon motion by the state, by written order direct the
property to be restored to such owner subject to the conditions that
such property shall be made available to the state or by order of
any court having jurisdiction over the offense to be used for
evidentiary purposes.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1993, 73rd Leg., ch. 860, Sec. 1, eff. Aug. 30,
1993.
Art. 47.05. [937] [1035-6] Bond required
If the court has any doubt as to the ownership of the property, the
court may require a bond of the claimant for its re-delivery in case
it should thereafter be shown not to belong to such claimant; or
the court may, in its discretion, direct the property to be retained
by the sheriff until further orders as to its possession. Such bond
shall be in a sum equal to the value of the property, with
sufficient security, payable to and approved by the county judge of
the county in which the property is in custody. Such bond shall be
filed in the office of the county clerk of such county, and in case
of a breach thereof may be sued upon in such county by any claimant
of the property; or by the county treasurer of such county.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1993, 73rd Leg., ch. 860, Sec. 1, eff. Aug. 30,
1993.
Art. 47.06. [938] [1037-8] Property sold
If the property is not claimed within 30 days from the conviction of
the person accused of illegally acquiring it, the same procedure
for its disposition as set out in Article 18.17 of this Code shall
be followed.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1987, 70th Leg., ch. 66, Sec. 2, eff. May 6, 1987.
Art. 47.07. [939] [1039] [1004] Owner may recover
The real owner of the property sold under the provisions of Article
47.06 may recover such property under the same terms as prescribed
in Subsection (e) of Article 18.17 of this Code.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1987, 70th Leg., ch. 66, Sec. 2, eff. May 6, 1987.
Art. 47.08. [940] [1040-1] Written instrument
If the property is a written instrument, it shall be deposited with
the county clerk of the county where the proceedings are had,
subject to the claim of any person who may establish his right
thereto. The claimant of any such written instrument shall file his
written sworn claim thereto with the county judge. If such judge be
satisfied that such claimant is the real owner of the written
instrument, the same shall be delivered to him. The county judge
may, in his discretion, require a bond of such claimant, as in other
cases of property claimed under any provision of this Chapter, and
may also before such delivery require the written instrument to be
recorded in the minutes of his court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 47.09. [941] [1042] [1007] Claimant to pay charges
The claimant of the property, before he shall be entitled to have
the same delivered to him, shall pay all reasonable charges for the
safekeeping of the same while in the custody of the law, which
charges shall be verified by the affidavit of the officer claiming
the same, and determined by the court having jurisdiction thereof.
If said charges are not paid, the property shall be sold as under
execution; and the proceeds of sale, after the payment of said
charges and costs of sale, paid to the owner of such property.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1993, 73rd Leg., ch. 860, Sec. 1, eff. Aug. 30,
1993.
Art. 47.10. [942] [1043] [1008] Charges of officer
When property is sold, and the proceeds of sale are ready to be paid
into the county treasury, the amount of expenses for keeping the
same and the costs of sale shall be determined by the county judge.
The account thereof shall be in writing and verified by the officer
claiming the same, with the approval of the county judge thereto for
the amount allowed and shall be filed in the office of the county
treasurer at the time of paying into his hands the balance of the
proceeds of such sale.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 47.11. [943] [1044] [1009] Scope of Chapter
Each provision of this Chapter relating to stolen property applies
as well to property acquired in any manner which makes the
acquisition a penal offense.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 47.12. Appeal
(a) Appeals from a hearing in a district court, county court, or
statutory county court under Article 47.01a of this code shall be
heard by a court of appeals. The appeal is governed by the
applicable rules of procedure for appeals of civil cases to a court
of appeals.
(b) Appeals from a hearing in a municipal court or justice court
under Article 47.01a of this code shall be heard by a county court
or statutory county court. The appeal is governed by the applicable
rules of procedure for appeals for civil cases in justice courts to
a county court or statutory county court.
(c) Only an interested person who appears at a hearing under this
article may appeal, and such person must give an oral notice of
appeal at the conclusion of the hearing and must post an appeal bond
by the end of the next business day, exclusive of Saturdays,
Sundays, and legal holidays.
(d) The court may require an appeal bond, in an amount determined
appropriate by the court, but not to exceed twice the value of the
property. The bond shall be made payable to the party who was
awarded possession at the hearing, with sufficient sureties
approved by the court, and conditioned that appellant will
prosecute his appeal to conclusion.
Added by Acts 1993, 73rd Leg., ch. 860, Sec. 2, eff. Aug. 30, 1993.
