By:  Lucio                                             S.B. No. 599
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the exoneration and forfeiture of bail.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Article 22.13, Code of Criminal Procedure, is
    1-4  amended to read as follows:
    1-5        Art. 22.13.  CAUSES WHICH WILL EXONERATE.  The following
    1-6  causes, and no other, will exonerate the defendant and his
    1-7  sureties, if any, from liability upon the forfeiture taken, if
    1-8  occurring before final judgment:
    1-9        1.  That the bond is, for any cause, not a valid and binding
   1-10  undertaking in law.  If it be valid and binding as to the
   1-11  principal, and one or more of his sureties, if any, they shall not
   1-12  be exonerated from liability because of its being invalid and not
   1-13  binding as to another surety or sureties, if any.  If it be invalid
   1-14  and not binding as to the principal, each of the sureties, if any,
   1-15  shall be exonerated from liability.  If it be valid and binding as
   1-16  to the principal, but not so as to the sureties, if any, the
   1-17  principal shall not be exonerated, but the sureties, if any, shall
   1-18  be.
   1-19        2.  The death of the principal before the forfeiture was made
   1-20  final <taken>.
   1-21        3.  The sickness of the principal or some uncontrollable
   1-22  circumstance which prevented his appearance at court, and it must,
   1-23  in every such case, be shown that his failure to appear arose from
    2-1  no fault on his part.  The causes mentioned in this subdivision
    2-2  shall not be deemed sufficient to exonerate the principal and his
    2-3  sureties, if any, unless such principal appear before final
    2-4  judgment on the bond to answer the accusation against him, or show
    2-5  sufficient cause for not so appearing.
    2-6        4.  Failure to present an indictment or information at the
    2-7  first term of the court which may be held after the principal has
    2-8  been admitted to bail, in case where the party was bound over
    2-9  before indictment or information, and the prosecution has not been
   2-10  continued by order of the court.
   2-11        5.  Disposition of the criminal case which was the basis of
   2-12  the bond for which the forfeiture was entered, and disposition as
   2-13  used herein shall mean a dismissal, acquittal, finding of guilty or
   2-14  plea of guilty or nolo contendre in the case.
   2-15        6.  Failure by the state to issue a capias or warrant for the
   2-16  principal within a reasonable time after the principal fails to
   2-17  appear, which shall not exceed 21 days, or upon written request of
   2-18  the surety.
   2-19        7.  Failure by the state to extradite the principal when
   2-20  notified by another jurisdiction that the principal has been
   2-21  arrested or upon written request of the surety.
   2-22        SECTION 2.  The importance of this legislation and the
   2-23  crowded condition of the calendars in both houses create an
   2-24  emergency and an imperative public necessity that the
   2-25  constitutional rule requiring bills to be read on three several
    3-1  days in each house be suspended, and this rule is hereby suspended,
    3-2  and that this Act take effect and be in force from and after its
    3-3  passage, and it is so enacted.