By Place H.B. No. 1939
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to amending the Code of Criminal Procedure relating to
1-3 bail and the forfeiture of bail.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1, Chapter 722, Acts of the 59th
1-6 Legislature, Regular Session, 1965 (Article 17.01 Code of Criminal
1-7 Procedure), is amended to read as follows:
1-8 Art. 17.01. DEFINITION OF "BAIL". "Bail" is the security
1-9 given by the accused in the form of a bail bond or personal bond
1-10 that he will appear and answer before the proper court the
1-11 accusation brought against him or make his personal appearance
1-12 before any court or agency of this State in a criminal case as
1-13 required by this Code <and includes a bail bond or a personal
1-14 bond>.
1-15 SECTION 2. Section 1, Chapter 722, Acts of the 59th
1-16 Legislature, Regular Session, 1965 (Article 17.06 Code of Criminal
1-17 Procedure), is amended to read as follows:
1-18 Art. 17.06. <CORPORATION AS SURETY> MORE THAN ONE BAIL BOND
1-19 MAY BE GIVEN TO PROVIDE BAIL. Wherever in this Chapter, any person
1-20 is required <or authorized> to give <or execute any> bail <bond>,
1-21 such bail <bond> may be given <or executed> by such principal and
1-22 any person or persons <corporation> authorized by law to act as
1-23 surety, by executing one or more bail bonds which in the aggregate
2-1 total the amount of bail set <subject to all the provisions of this
2-2 Chapter regulating and governing the giving of bail bonds by
2-3 personal surety insofar as the same is applicable>.
2-4 SECTION 3. Section 1, Chapter 722, Acts of the 59th
2-5 Legislature, Regular Session, 1965, (Article 17.08 Code of Criminal
2-6 Procedure), is amended to read as follows:
2-7 Art. 17.08. REQUISITES OF A BAIL BOND. A bail bond shall
2-8 <shall be sufficient if it> contain the following requisites:
2-9 (1) That it be made payable to "The State of Texas";
2-10 (2) That the defendant and his sureties, if any, bind
2-11 themselves that the defendant will appear before the proper court,
2-12 <or> magistrate or agency of this State as required by this Code
2-13 <to answer the accusation against him>;
2-14 (3) If the defendant is charged with a felony, that it
2-15 state that he is charged with a felony. If the defendant is
2-16 charged with a misdemeanor, that it state that he is charged with a
2-17 misdemeanor;
2-18 (4) That the bond be signed by name or mark by the
2-19 principal and sureties, if any, each of whom shall write thereon
2-20 his mailing address;
2-21 (5) That the bond state <the time and place, when and
2-22 where the> that the accused binds himself to appear<, and the court
2-23 or magistrate before whom he is to appear. The bond shall also
2-24 bind the defendant to appear> before any court, <or> magistrate or
2-25 any agency of this State who has jurisdiction of the criminal case
3-1 <before whom the cause may thereafter be pending at any time> when,
3-2 and place where, his presence may be required under this Code or by
3-3 any court, <or> magistrate, or agency of this State who has
3-4 jurisdiction of the criminal case. If no date of appearance is
3-5 specified in the bond, the principal and his sureties, if any,
3-6 shall be given notice to their address on the bond of the date,
3-7 time and place where the principal's personal appearance is
3-8 required;
3-9 (6) The bond shall state that the defendant and his
3-10 sureties, if any, bind themselves to pay upon adjudication of the
3-11 forfeiture the penalty adjudged against them, if any, under the
3-12 provisions of Chapter 22 of this Code, should the defendant fail to
3-13 appear as required, and the bond shall state that such liability
3-14 shall not exceed the amount of the bond. The amount of the bond
3-15 shall be the amount of the bail set;
3-16 (<6>7) The bond shall also be conditioned that the
3-17 principal and sureties, if any, will pay all necessary and
3-18 reasonable expenses incurred by any and all sheriffs or other peace
3-19 officers in rearresting the principal in the event he fails to
3-20 appear before the court, <or> magistrate, or agency of this State
3-21 named in the bond at the time stated therein. The amount of such
3-22 expenses shall be in addition to the amount imposed for the
3-23 forfeiture of the bond under the provisions of Chapter 22 of this
3-24 Code <principal amount specified in the bond>. The failure of any
3-25 bail bond to contain the conditions specified in this paragraph
4-1 shall in no manner affect the legality of any such bond, but it is
4-2 intended that the sheriff or other peace officer shall look to the
4-3 defendant and his sureties, if any, for expenses incurred by him,
4-4 and not to the State for any fees earned by him in connection with
4-5 the rearresting of an accused who has violated the conditions of
4-6 his bond.
4-7 SECTION 4. Section 1, Chapter 722, Acts of the 59th
4-8 Legislature, Regular Session, 1965, as amended by Section 2,
4-9 Chapter 312, Acts of the 67th Legislature, Regular Session, 1981
4-10 (Article 22.01 Code of Criminal Procedure), is amended to read as
4-11 follows:
4-12 Art. 22.01. Bail forfeited, when. When a defendant is bound
4-13 by bail to appear and fails to appear before <in> any court in
4-14 which such case may be pending or at any time when his personal
4-15 appearance is required under this Code before<, or by> any court,
4-16 <or> magistrate, agency, or public official, a forfeiture of his
4-17 bail and a <judicial> declaration of such forfeiture shall be taken
4-18 in the manner provided in Article 22.02 of this Code < and entered
4-19 by such court>.
4-20 SECTION 5. Section 1, Chapter 722, Acts of the 59th
4-21 Legislature, Regular Session, 1965 (Article 22.02 Code of Criminal
4-22 Procedure), is amended to read as follows:
4-23 Art. 22.02. Manner of taking a forfeiture. Bail <Bonds and
4-24 personal bonds are> is forfeited in the following manner: (a) The
4-25 name of the defendant shall be called distinctly in <at> the
5-1 courtroom on the date the appearance is required. The court or
5-2 clerk shall note upon the docket sheet the fact of non-appearance
5-3 and that the call was made. Within thirty (30) days after the date
5-4 of non-appearance, the court shall enter a declaration of
5-5 forfeiture and show cause order that requires the defendant and his
5-6 sureties, if any, to show cause why the State of Texas should not
5-7 recover of the defendant, and of his sureties, if any, the amount
5-8 of the bond. The show cause order shall state that a final
5-9 judgment will be entered, unless good cause be shown why the
5-10 defendant did not appear, when the forfeiture should be exonerated,
5-11 or why the bond should be remitted by sworn answer filed with the
5-12 court within twenty-four (24) months from the date the declaration
5-13 of forfeiture was entered <courthouse door, and if the defendant
5-14 does not appear within a reasonable time after such call is made,
5-15 judgment shall be entered that the State of Texas recover of the
5-16 defendant the amount of money in which he is bound, and of his
5-17 sureties, if any, the amount of money in which they are
5-18 respectively bound, which judgment shall state that the same will
5-19 be made final, unless good cause be shown why the defendant did not
5-20 appear>. Unless the defendant makes his appearance within
5-21 twenty-one (21) days after the date of non-appearance, the court
5-22 shall not set aside a declaration of forfeiture unless otherwise
5-23 specifically authorized by this chapter. If a court finds a bond
5-24 insufficient under Article 17.09 of this code, it shall not release
5-25 the principal or his sureties until the principal is placed into
6-1 the custody of the sheriff where the case is pending. If the bond
6-2 is found insufficient after the non-appearance of a defendant, the
6-3 declaration of forfeiture is not affected.
6-4 (b) If the defendant fails to appear before any agency or
6-5 public official where his personal appearance is required under
6-6 this Code, the agency or public official shall make an affidavit of
6-7 this fact and file the affidavit with the court where the bond was
6-8 filed. The court shall then forfeit the bond in the same manner as
6-9 a non-appearance in that court. A docket entry by the judge or
6-10 clerk of a court or an affidavit of non-appearance by an agency or
6-11 public official under this Section shall be prima facia evidence of
6-12 the non-appearance of the defendant.
6-13 SECTION 6. Section 1. Chapter 722, Acts of the 59th
6-14 Legislature, Regular Session, 1965 (Article 22.03 Code of Criminal
6-15 Procedure), is amended to read as follows:
6-16 Art. 22.03. Citation to sureties. Upon entry of a
6-17 declaration of forfeiture <judgment>, a citation shall issue within
6-18 30 days <forthwith> notifying the sureties of the defendant, if
6-19 any, that the bond has been forfeited, and requiring them to appear
6-20 and show cause why the declaration <judgment> of forfeiture should
6-21 not be made final, why the forfeiture should be exonerated, or why
6-22 the bond should be remitted by sworn answer filed with the court
6-23 within twenty-four (24) months from the date of the declaration of
6-24 forfeiture.
6-25 SECTION 7. Section 1, Chapter 722, Acts of the 59th
7-1 Legislature, Regular Session, 1965 (Article 22.04 Code of Criminal
7-2 Procedure), is amended to read as follows:
7-3 Art. 22.04. Requisites of citation. A citation shall be
7-4 sufficient if it <be in the form provided for citations in civil
7-5 cases in such court;> notifies the party to appear and show cause
7-6 why the declaration of forfeiture should not be made final, why the
7-7 forfeiture should be exonerated, or why the bond should be remitted
7-8 by the court within twenty-four (24) months from the date of the
7-9 declaration of forfeiture, provided, however, that a copy of the
7-10 declaration <judgment> of forfeiture entered by the court shall be
7-11 attached to the citation <and the citation shall notify the parties
7-12 cited to appear and show cause why the judgment of forfeiture
7-13 should not be made final>.
7-14 SECTION 8. Section 1, Chapter 722, Acts of the 59th
7-15 Legislature, Regular Session, 1965 (Article 22.05 Code of Criminal
7-16 Procedure), is amended to read as follows:
7-17 Art. 22.05. CITATION AS PROVIDED IN THIS CHAPTER <IN CIVIL
7-18 ACTIONS>. Sureties shall be entitled to notice by service of
7-19 citation, which shall be served by the clerk of the court upon the
7-20 surety at the address on the bond for the surety by certified,
7-21 registered or express mail, postage pre-paid, return receipt
7-22 requested <the length of time and in the manner required in civil
7-23 actions; and the officer executing the citation shall return the
7-24 same as in civil actions>. If the citation sent to the surety is
7-25 returned by the post office for any reason or if there is no
8-1 address on the bond for the surety, the clerk shall file a copy of
8-2 the citation and declaration of forfeiture with the county clerk
8-3 where the bond was filed. In such cases, the county clerk is the
8-4 agent for service of process for the surety and he shall keep
8-5 records of all citations and declarations of forfeiture filed with
8-6 him indexed by both the name of the surety and the name of the
8-7 principal. The return receipt received from the United States
8-8 Postal Service or a certified copy of the citation and declaration
8-9 of forfeiture as filed with the county clerk shall be prima facie
8-10 evidence of service upon the surety as required by this chapter.
8-11 It is the duty of any surety on a bond to check the records of the
8-12 county clerk of each county where he has executed bonds. It shall
8-13 not be necessary to give notice to the defendant unless he has
8-14 furnished his address on the bond, in which event notice to the
8-15 defendant shall be deposited in the United States mail directed to
8-16 the defendant at the address shown on the bond.
8-17 SECTION 9. Section 1, Chapter 722, Acts of the 59th
8-18 Legislature, Regular Session, 1965 (Articles 22.06 and 22.07 Code
8-19 of Criminal Procedure), is amended to read as follows:
8-20 Art. 22.06 is hereby repealed.
8-21 Art. 22.07 is hereby repealed.
8-22 SECTION 10. Section 1, Chapter 722, Acts of the 59th
8-23 Legislature, Regular Session, 1965, as amended by Section 3,
8-24 Chapter 312, Acts of the 67th Legislature, Regular Session, 1981
8-25 (Article 22.10 Code of Criminal Procedure), is amended to read as
9-1 follows:
9-2 Art. 22.10. Scire facias docket. Twenty Two Months after
9-3 <When> a forfeiture has been declared upon a bond, or upon the
9-4 filing of an answer by the surety, whichever occurs first, by
9-5 operation of law there <the court or clerk> shall be docketed a
9-6 <the> case upon the scire facias <or upon the civil> docket, in the
9-7 name of the State of Texas, as plaintiff, and the principal and his
9-8 sureties, if any as defendants; and the proceedings had therein
9-9 shall be governed by the same rules governing other civil suits
9-10 except as otherwise provided in this chapter.
9-11 SECTION 11. Section 1, Chapter 722, Acts of the 59th
9-12 Legislature, Regular Session, 1965 (Article 22.11 Code of Criminal
9-13 Procedure), is amended to read as follows:
9-14 Art. 22.11. Sureties may answer. After the declaration of
9-15 forfeiture <of the bond, if the sureties, if any, have been duly
9-16 notified>, the sureties, if any, may file a sworn answer in writing
9-17 and show cause why the defendant did not appear, why the forfeiture
9-18 should be exonerated, or why the bond should be remitted. Such
9-19 <which> sworn answer may be filed within twenty-four (24) months
9-20 after the date of the entry of the declaration of forfeiture <the
9-21 time limited for answering in other civil actions>. If the surety
9-22 has made a request for a confirmation from a law enforcement agency
9-23 as provided by this chapter, the time periods for filing a sworn
9-24 answer shall be extended as provided in Article 22.15a of this
9-25 chapter. A sworn answer with no basis in fact or law and for
10-1 purpose of delay only may subject the bondsman to a penalty of up
10-2 to twenty-five percent (25%) of the bond, pursuant to Article 22.14
10-3 of this chapter.
10-4 SECTION 12. Section 4, Chapter 312, Acts of the 67th
10-5 Legislature, Regular Session, 1981, as amended by Section 5.02(1),
10-6 Acts of the 70th Legislature, Regular Session, 1987, (Article
10-7 22.125 Code of Criminal Procedure), is amended to read as follows:
10-8 Art. 22.125. Powers of the court. After a case has been
10-9 docketed upon the scire facias docket <judicial declaration of
10-10 forfeiture is entered,> if an answer has been timely filed, the
10-11 court may proceed with the trial required by Article 22.14 of this
10-12 code. If no timely answer is filed, proceedings shall be had in
10-13 accordance with Article 22.15 of this chapter. The court's
10-14 jurisdiction in a proceeding to forfeit a bond in a criminal case
10-15 is limited and the court <may> shall enter a final judgment,
10-16 exonerate the defendant and his sureties, if any, from liability on
10-17 the forfeiture, remit the amount of the forfeiture, or set aside
10-18 the forfeiture only as expressly provided by this chapter.
10-19 SECTION 13. Section 1, Chapter 722, Acts of the 59th
10-20 Legislature, Regular Session, 1965, , (Article 22.14 Code of
10-21 Criminal Procedure) is amended to read as follows:
10-22 Art. 22.14. Judgment final. <When, u>Upon a trial of the
10-23 issues presented, under the declaration of forfeiture, <no
10-24 sufficient cause is shown for the failure of the principal to
10-25 appear,> a <the> final judgment shall be entered. <made final>
11-1 no sufficient cause is shown for the failure of the principal to
11-2 appear, a final judgment shall be entered against him and his
11-3 sureties, if any, for the amount of the bond <in which they are
11-4 respectively bound; and the same shall be collected by execution as
11-5 in civil actions>. If it is shown that the bond should be
11-6 exonerated, a final judgment shall be entered that the State take
11-7 nothing <Separate executions shall issue against each party for the
11-8 amount adjudged against him>. If it is shown that the bond should
11-9 be remitted, a final judgment shall be entered which awards the
11-10 State the costs specified in art. 22.16(d) of this chapter <The
11-11 costs shall be equally divided between the sureties, if there be
11-12 more than one>. The total amount of any final judgment entered
11-13 pursuant to this Section shall not exceed the amount of the bond;
11-14 however, any penalty accessed under Art. 22.11 of this Chapter
11-15 shall be in addition to such amount. Notwithstanding any statute
11-16 or code to the contrary, no costs or fees shall be included in any
11-17 final judgment of forfeiture of a bond except as provided in this
11-18 chapter. Nothing herein shall limit the court's authority to
11-19 approve a settlement made pursuant to Art. 22.16(c) of this
11-20 Chapter.
11-21 SECTION 14. Section 1, Chapter 722, Acts of the 59th
11-22 Legislature, Regular Session, 1965, (Article 22.15 Code of Criminal
11-23 Procedure) is amended to read as follows:
11-24 Art. 22.15. JUDGMENT BY DEFAULT. When any party has <the
11-25 sureties have> been duly cited and fails or neglects to file a
12-1 sworn answer<, and the principal also fails to answer> within the
12-2 time <limited> allowed for answering in this chapter, <other civil
12-3 actions>, a judgment for the amount of the bond shall be entered by
12-4 the court against such party who <the court shall enter judgment
12-5 final by defaulted> failed or neglected to file a timely answer.
12-6 Unless all parties to the case fail to file a timely answer, a
12-7 judgment entered pursuant to this Article shall be interlocutory
12-8 until a final judgment is entered against the other parties.
12-9 SECTION 15. The Code of Criminal Procedure is amended by
12-10 adding the following article:
12-11 Art. 22.15a. OTHER PROCEDURES. In a criminal bond
12-12 forfeiture case:
12-13 (1) a motion for new trial shall be filed within ten
12-14 (10) days after a final judgment is entered, and shall be overruled
12-15 by operation of law if a written order is not entered within ten
12-16 (10) days after the date the motion is filed.
12-17 (2) any appeal of a final judgment entered under this
12-18 chapter shall require a deposit with the clerk of the court of
12-19 cash, a supersedeas bond signed by a licensed corporate surety, or
12-20 a certificate of deposit, in an amount equal to the amount of the
12-21 judgment.
12-22 (3) the forfeiture of a bond can only be enforced
12-23 under this chapter.
12-24 (4) a declaration of forfeiture must be entered within
12-25 thirty (30) days after the date of non-appearance, otherwise the
13-1 bond is not enforceable.
13-2 (5) service must be made on a party within ninety (90)
13-3 days after the date the declaration of forfeiture is entered,
13-4 otherwise the bond is not enforceable.
13-5 (6) upon the filing of a sworn affidavit within the
13-6 time given to answer in Article 22.11 of this Chapter that a
13-7 request for confirmation of incarceration has been made under the
13-8 provisions of Article 22.16(b) of this Chapter, the time period
13-9 allowed for answering a declaration of forfeiture shall be extended
13-10 to ten (10) days after the notice of confirmation from the law
13-11 enforcement agency is filed with the court and given to the surety.
13-12 This section shall not act to shorten the time given to answer
13-13 which is specified in Article 22.11, regardless of when the notice
13-14 of confirmation is filed.
13-15 (7) notwithstanding any law, code, or rule to the
13-16 contrary a surety's rights under common law to surrender or arrest
13-17 a principal on a bond are preserved and any other provisions of the
13-18 laws of the state are in addition to such rights.
13-19 SECTION 16. Section 1, Chapter 722, Acts of the 59th
13-20 Legislature, Regular Session, 1965, as amended by Section 5,
13-21 Chapter 312, Acts of the 67th Legislature, Regular Session, 1981,
13-22 Section 3, Chapter 1047, Acts of the 70th Legislature, Regular
13-23 Session, 1987 (Article 22.15 Code of Criminal Procedure) is amended
13-24 to read as follows:
13-25 Art. 22.16. REMITTITUR AFTER FORFEITURE AND BEFORE FINAL
14-1 JUDGMENT. (a) After forfeiture of a bond and before entry of a
14-2 final judgment <the expiration of the time limits set by Subsection
14-3 (c) of this article>, the court shall, on <written motion> sworn
14-4 answer, remit to the surety the amount of the bond after deducting
14-5 the costs <of court> specified in Subsection (d) of this Article<,
14-6 any reasonable costs to the county for the return of the principal,
14-7 and the interest accrued on the bond amount as provided by
14-8 Subsection (e) of this article>, if:
14-9 (1) the principal is incarcerated in the county in
14-10 which the prosecution is pending;
14-11 (2) the principal is incarcerated in any another
14-12 jurisdiction and the incarceration is verified as provided by
14-13 Subsection (b) of this article or shown by other proof;
14-14 (3) the principal is released on new bail in the case;
14-15 (4) is it shown that the principal is deceased or was
14-16 deceased at the time of the forfeiture;
14-17 (5) the case for which bond was given is dismissed;
14-18 (6) the proper authorities fail or refuse to extradite
14-19 the principal on the bond to the county where the declaration of
14-20 forfeiture is pending, after request by the surety for extradition
14-21 and acknowledgement of the surety's liability for the costs of such
14-22 extradition made in writing; or,
14-23 (7) the case for which the bond was given was disposed
14-24 of by a plea of guilty, or a finding of guilty or not guilty, or
14-25 the principal was placed upon probation or deferred probation.
15-1 (b) For the purposes of Subsection (a) (1) and (2) of this
15-2 article, a surety may request confirmation of the incarceration of
15-3 his principal by written request to the law enforcement agency of
15-4 the county where the prosecution was or is pending. A law
15-5 enforcement agency in this state that receives a request for
15-6 verification shall within thirty (30) days after it receives the
15-7 request notify the court in which the prosecution is or was pending
15-8 and the surety whether or not the principal is or has been
15-9 incarcerated <in another jurisdiction> and the date of the
15-10 incarceration. A surety making a request for confirmation shall
15-11 pay a fee of $10 for confirmations from jurisdictions within this
15-12 state and $25 for confirmations from jurisdictions outside of this
15-13 state.
15-14 (c) Notwithstanding any other provision of this Chapter, the
15-15 prosecuting authority in any jurisdiction in which a declaration of
15-16 forfeiture is pending may agree to and sign an Agreed Final
15-17 Judgment of the bond forfeiture, regardless of whether the
15-18 principal on the bond is incarcerated. Any such Agreed Final
15-19 Judgment may be made if the prosecuting authority, in his
15-20 discretion, deems that the interests of the jurisdiction would be
15-21 served thereby and shall include an affirmative statement that the
15-22 surety waives any right to subsequently file a motion for new
15-23 trial, an appeal, or a bill of review in the case. No such Agreed
15-24 Final Judgment shall be approved by the court more than sixty (60)
15-25 days after the date of the entry of the declaration of forfeiture.
16-1 The court in which the declaration of forfeiture is pending shall
16-2 approve a settlement of the bond forfeiture which meets the
16-3 conditions of this subsection. <A final judgment may be entered
16-4 against a bond not earlier than:>
16-5 <(1) nine months after the date the forfeiture was
16-6 entered, if the offense for which the bond was given is a
16-7 misdemeanor; or>
16-8 <(2) 18 months after the date the forfeiture was
16-9 entered, if the offense for which the bond was given is a felony.>
16-10 (d) The Court shall deduct from any remittitur given under
16-11 the provisions of Subsection (a) of this article, any reasonable
16-12 costs to any Sheriff or other peace officer shown to the court for
16-13 the return of the principal and interest. Interest accrues on the
16-14 bond amount from the date of forfeiture in the same manner and at
16-15 the rate as provided for the accrual of prejudgment interest in
16-16 civil cases. Interest accrues on the bond amount from the date a
16-17 declaration of forfeiture is entered until the date of the
16-18 occurrence of an event specified in Subsection (a) of this Article.
16-19 <After the expiration of the time limits set by Subsection (c) of
16-20 this article and before the entry of a final judgment against the
16-21 bond, the court in its discretion may remit to the surety all or
16-22 part of the amount of the bond after deducting the costs of court,
16-23 any reasonable costs to the county for the return of the principal,
16-24 and the interest accrued on the bond amount as provided by
16-25 Subsection (e) of this article>.
17-1 (e) In cases where Subsection (a) or (c) of this article
17-2 have no application, after a forfeiture of a bond and before entry
17-3 of a final judgment the court may in its discretion remit part or
17-4 all of the bond. When a remittitur has been granted under this
17-5 section, the costs specified in Subsection (d) shall not be imposed
17-6 <interest accrues on the bond amount from the date of forfeiture in
17-7 the same manner and at the same rate as provided for the accrual of
17-8 prejudgment interest in civil cases>.
17-9 SECTION 17. (a) A bond, or the forfeiture of such a bond,
17-10 given before September 1, 1993, shall be governed by the law in
17-11 effect at the time the bond was executed.
17-12 (b) Bail set and bonds executed on or after September 1,
17-13 1993 shall be governed by this Act.
17-14 (c) The former law is continued in effect for the purposes
17-15 of subsections (a), and (b) of this Section only.
17-16 SECTION 18. In the event that Subsections (a) or (c) of
17-17 Article 22.16 of this code are held to be invalid for any reason
17-18 and cannot be given effect, it is intended that Subsection (e) of
17-19 Article 22.16 of this code remain in full force and effect.
17-20 SECTION 19. The importance of this legislation and the
17-21 crowded condition of the calendars in both houses create an
17-22 emergency and an imperative public necessity that the
17-23 constitutional rule requiring bills to be read on three several
17-24 days in each house be suspended, and this rule is hereby suspended,
17-25 and that this Act take effect and be in force from and after its
18-1 passage, and it is so enacted.