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.