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Senate Bill 877 |
Senate Author: Hinojosa |
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Effective: 5-19-11 |
House Sponsor: Gallego |
Current law authorizes a surety to discharge the surety's liability on a bail bond by delivering to the sheriff of the county in which the prosecution is pending an affidavit stating that the accused is incarcerated in federal custody, in the custody of any state, or in any Texas county. Senate Bill 877 amends the Code of Criminal Procedure to require the surety to also deliver the affidavit to the office of the prosecuting attorney. The bill requires the county sheriff to verify whether the accused is incarcerated as stated in the affidavit and, if the affidavit is verified, to notify the magistrate before which the prosecution is pending of the verification. The bill requires the sheriff, on such verification, to place a detainer against the accused with the appropriate officials in the jurisdiction in which the accused is incarcerated and requires the magistrate to direct the clerk of the court to issue a capias for the arrest of the accused, with certain exceptions. The bill makes the surety liable for all reasonable and necessary expenses incurred in returning the accused into the custody of the county sheriff.