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AN ACT
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relating to certain procedures in connection with a bond |
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forfeiture. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.19, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) Subject to Subsection (a-1), a [Any] surety that wants[, |
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desiring] to surrender the surety's [his] principal and has |
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notified [after notifying] the principal's attorney, if the |
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principal is represented by an attorney, in a manner provided by |
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Rule 21a, Texas Rules of Civil Procedure, of the surety's intention |
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to surrender the principal, may file an affidavit of that [such] |
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intention before the court or magistrate before which the |
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prosecution is pending. The affidavit must state: |
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(1) the court and cause number of the case; |
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(2) the name of the defendant; |
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(3) the offense with which the defendant is charged; |
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(4) the date of the bond; |
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(5) the cause for the surrender; and |
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(6) that notice of the surety's intention to surrender |
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the principal has been given as required by this subsection and |
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Subsection (a-1), if applicable. |
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(a-1) If the offense with which the defendant is charged is |
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classified as a felony under the Penal Code, in addition to |
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satisfying the requirements provided by Subsection (a), a surety |
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must, before filing the affidavit described by that subsection, |
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notify the attorney representing the state with jurisdiction in the |
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case of the surety's intention to surrender the principal. |
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SECTION 2. This Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2697 was passed by the House on May 8, |
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2025, by the following vote: Yeas 144, Nays 1, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2697 was passed by the Senate on May |
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23, 2025, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |