Res 2013-082/Approving an interlocal agreement regarding Asset Forfeitures within Hays County

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D. Seized Weapons — Article 18.19. In the event the Agency seizes weapons in connection with an offense involving the use of a weapon or an offense under Penal Code Chapter 46, if there is no prosecution or conviction for an offense involving the weapon seized, the magistrate to whom the seizure was reported shall, before the 61" day after the date the magistrate determines that there will be no prosecution or conviction, notify in writing the person found in possession of the weapon that the person is entitled to the weapon upon written request to the magistrate. The magistrate shall order the weapon returned before the 61" day after the date the magistrate receives a request from the person. If the weapon is not requested before the 61't day after the date of notification, the magistrate shall, before the 121't day after the date of notification, order the weapon destroyed or forfeited to the state. If the magistrate does not order the return, destruction, or forfeiture of the weapon within the applicable period, the Seizing Agency may request an order of destruction or forfeiture of the weapon from the magistrate. a. A person either convicted or receiving deferred adjudication under Chapter 46 of the Penal Code is entitled to the weapon seized upon request to the court in which the person was convicted or placed on deferred adjudication. However, the court entering the judgment shall order the weapon destroyed or forfeited to the state if: L The person does not request the weapon before the 61" day after the date of the judgment of conviction or the order placing the person on deferred adjudication; ii. The person has been previously convicted under Chapter 46 of the Penal Code; iii. The weapon is a prohibited weapon defined under Chapter 46 of the Penal Code; iv. The offense for which the person is convicted or receives deferred adjudication was committed in or on the premises of a playground, school, video arcade facility, or youth center; or v. The court determines based on the prior criminal history of the defendant or based on the circumstances surrounding the commission of the offense that possession of the seized weapon would pose a threat to the community or one or more individuals b. If the person found in possession of a weapon is convicted of an offense involving the use of the weapon, before the 61" day after the date of conviction the court entering judgment of the conviction shall order destruction of the weapon or forfeiture. If the court entering judgment of conviction does not order the destruction or forfeiture of the weapon within the applicable period, the Agency may request an order of destruction or forfeiture of the weapon from a magistrate. c. This section does not apply to prohibited weapons. Prohibited weapons are treated according to Section C above. 2013 Interlocal Agreement ,.