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AN ACT
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relating to the disposal of certain exhibits used in criminal |
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proceedings in certain counties. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Article 2.21, Code of Criminal Procedure, is |
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amended by amending Subsections (f) and (i) and adding Subsection |
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(f-1) to read as follows: |
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�������(f)��Subject to Subsections (g), (h), (i), and (j), a�[A] |
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clerk [in a county with a population of 1.7 million or more] may |
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dispose of an eligible exhibit or may deliver the eligible exhibit |
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to the county purchasing agent for disposal as surplus or salvage |
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property under Section 263.152, Local Government Code,�[on the date
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provided by Subsection (e) of this article] if on the�[that] date |
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provided by Subsection (e)�the clerk has not received a request for |
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the exhibit from either the attorney representing the state in the |
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case or the attorney representing the defendant. |
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�������(f-1)��Notwithstanding Section 263.156, Local Government |
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Code, or any other law, the commissioners court shall remit 50 |
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percent of any proceeds of the disposal of an eligible exhibit as |
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surplus or salvage property as described by Subsection (f), less |
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the reasonable expense of keeping the exhibit before disposal and |
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the costs of that disposal, to each of the following: |
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�������������(1)��the county treasury, to be used only to defray the |
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costs incurred by the district clerk of the county for the |
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management, maintenance, or destruction of eligible exhibits in the |
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county; and |
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�������������(2)��the state treasury to the credit of the |
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compensation to victims of crime fund established under Subchapter |
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B, Chapter 56. |
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�������(i)��If a request is not received by a clerk covered by |
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Subsection (g) [of this article] before the 31st day after the date |
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of notice, the clerk may dispose of the eligible exhibit in the |
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manner permitted by this article, including the delivery of the |
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eligible exhibit for disposal as surplus or salvage property as |
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described by Subsection (f). |
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�������SECTION�2.��This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I hereby certify that S.B.�No.�1774 passed the Senate on |
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April�30,�2009, by the following vote: Yeas�31, Nays�0; and that |
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the Senate concurred in House amendment on May�28,�2009, by the |
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following vote: Yeas�31, Nays�0. |
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______________________________ |
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Secretary of the Senate���� |
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�������I hereby certify that S.B.�No.�1774 passed the House, with |
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amendment, on May�15,�2009, by the following vote: Yeas�144, |
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Nays�0, one present not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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Approved: |
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______________________________� |
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������������Date |
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______________________________� |
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����������Governor |