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By: Whitmire |
S.B. No. 1151 |
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(In the Senate - Filed February 23, 2023; March 9, 2023, |
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read first time and referred to Committee on Criminal Justice; |
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March 23, 2023, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 7, Nays 0; March 23, 2023, |
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sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR S.B. No. 1151 |
By: Whitmire |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of corporations to act as sureties on bail |
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bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.06, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 17.06. CORPORATION AS SURETY. (a) In [Wherever in] |
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this chapter [Chapter], if a [any] person is required or authorized |
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to give or execute a [any] bail bond, the [such] bail bond may be |
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given or executed by the [such] principal and a [any] corporation |
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authorized by law to act as surety, subject to all applicable [the] |
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provisions of this chapter [Chapter] regulating and governing the |
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giving of bail bonds by personal surety [insofar as the same is |
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applicable]. |
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(b) Before executing a bail bond for the release of a |
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defendant, a corporation acting as surety, or the agent executing |
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the bail bond on behalf of the corporation acting as surety, shall: |
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(1) collect a premium of not less than 10 percent of |
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the total surety bond amount; and |
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(2) submit to the sheriff of the county in which the |
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prosecution is pending a sworn affidavit that confirms payment of |
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the premium and identifies: |
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(A) the amount paid for the premium; |
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(B) the method of payment for the premium, |
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including cash, a type of cash equivalent, a property transfer, a |
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property lien, or another method; and |
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(C) the person who paid the premium. |
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SECTION 2. Article 17.06, Code of Criminal Procedure, as |
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amended by this Act, applies only to a bail bond executed on or |
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after the effective date of this Act. A bail bond executed before |
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the effective date of this Act is governed by the law in effect on |
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the date the bail bond was executed, and the former law is continued |
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in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |
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* * * * * |