By:  Combs                                            H.B. No. 1963
       73R5149 NSC-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to personal bonds and bail bonds and the imposition of a
    1-3  bond processing fee in a criminal case.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 17.03(b), Code of Criminal Procedure, is
    1-6  amended to read as follows:
    1-7        (b)  Only a <the> court with felony jurisdiction <before whom
    1-8  the case is pending> may release on personal bond a defendant who:
    1-9              (1)  is charged with an offense under the following
   1-10  sections of the Penal Code:
   1-11                    (A)  Section 19.03 (Capital Murder);
   1-12                    (B)  Section 20.04 (Aggravated Kidnapping);
   1-13                    (C)  Section 22.021 (Aggravated Sexual Assault);
   1-14                    (D)  Section 22.03 (Deadly Assault on Law
   1-15  Enforcement or Corrections Officer, Member or Employee of Board of
   1-16  Pardons and Paroles, or Court Participant);
   1-17                    (E)  Section 22.04 (Injury to a Child or an
   1-18  Elderly Individual);
   1-19                    (F)  Section 29.03 (Aggravated Robbery);
   1-20                    (G)  Section 30.02 (Burglary); or
   1-21                    (H)  Section 71.02 (Engaging in Organized
   1-22  Criminal Activity);
   1-23              (2)  is charged with an aggravated felony under Chapter
   1-24  481, Health and Safety Code, or Section 485.033, Health and Safety
    2-1  Code; or
    2-2              (3)  does not submit to testing for the presence of a
    2-3  controlled substance in the defendant's body as requested by the
    2-4  court or magistrate under Subsection (c) of this article or submits
    2-5  to testing and the test shows evidence of the presence of a
    2-6  controlled substance in the defendant's body.
    2-7        SECTION 2.  Article 17.14, Code of Criminal Procedure, is
    2-8  amended to read as follows:
    2-9        Art. 17.14.  AFFIDAVIT NOT CONCLUSIVE.  (a)  Such affidavit
   2-10  shall not be conclusive as to the sufficiency of the security; and
   2-11  if the court or officer taking the bail bond is not fully satisfied
   2-12  as to the sufficiency of the security offered, further evidence
   2-13  shall be required before approving the same.
   2-14        (b)  If the surety is not a licensed bondsman under Chapter
   2-15  550, Acts of the 63rd Legislature, Regular Session, 1973 (Article
   2-16  2372p-3, Vernon's Texas Civil Statutes), the court or officer may
   2-17  require the surety to place on deposit with the court a deed of
   2-18  trust executed to the county to nonexempt real estate owned by the
   2-19  surety, an irrevocable letter of credit, or other security to
   2-20  satisfy a final judgment of forfeiture of a bail bond.
   2-21        SECTION 3.  Article 22.14, Code of Criminal Procedure, is
   2-22  amended to read as follows:
   2-23        Art. 22.14.  JUDGMENT FINAL.  (a)  When, upon a trial of the
   2-24  issues presented, no sufficient cause is shown for the failure of
   2-25  the principal to appear, the judgment shall be made final against
   2-26  him and his sureties, if any, for the amount in which they are
   2-27  respectively bound; and the same shall be collected by execution as
    3-1  in civil actions.  Separate executions shall issue against each
    3-2  party for the amount adjudged against him.  The costs shall be
    3-3  equally divided between the sureties, if there be more than one.
    3-4        (b)  If the court finds that the surety filed an answer in
    3-5  the trial solely for the purpose of delay and without a legal or
    3-6  factual basis for relief from the forfeiture, the attorney
    3-7  representing the state may recover reasonable attorney's fees.
    3-8        SECTION 4.  Subchapter A, Chapter 102, Code of Criminal
    3-9  Procedure, is amended by adding Article 102.010 to read as follows:
   3-10        Art. 102.010.  BOND PROCESSING FEE.  (a)  A person who is
   3-11  convicted of an offense and who had been released on bond following
   3-12  the arrest for the offense shall pay $20 as a bond processing fee.
   3-13        (b)  In this article, a person is considered to have been
   3-14  convicted in a case if:
   3-15              (1)  a sentence is imposed;
   3-16              (2)  the person receives probation or deferred
   3-17  adjudication; or
   3-18              (3)  the court defers final disposition of the case.
   3-19        SECTION 5.  (a)  The change in law made by this Act applies
   3-20  only to the release on bond for an offense committed on or after
   3-21  the effective date of this Act.  For purposes of this section, an
   3-22  offense is committed before the effective date of this Act if any
   3-23  element of the offense occurs before the effective date.
   3-24        (b)  Release on bond for an offense committed before the
   3-25  effective date of this Act is covered by the law in effect when the
   3-26  offense was committed, and the former law is continued in effect
   3-27  for that purpose.
    4-1        SECTION 6.  This Act takes effect September 1, 1993.
    4-2        SECTION 7.  The importance of this legislation and the
    4-3  crowded condition of the calendars in both houses create an
    4-4  emergency and an imperative public necessity that the
    4-5  constitutional rule requiring bills to be read on three several
    4-6  days in each house be suspended, and this rule is hereby suspended.