1-1 By: Lucio S.B. No. 599 1-2 (In the Senate - Filed March 3, 1993; March 4, 1993, read 1-3 first time and referred to Committee on Criminal Justice; 1-4 May 4, 1993, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 6, Nays 0; May 4, 1993, 1-6 sent to printer.) 1-7 COMMITTEE VOTE 1-8 Yea Nay PNV Absent 1-9 Whitmire x 1-10 Brown x 1-11 Nelson x 1-12 Sibley x 1-13 Sims x 1-14 Turner x 1-15 West x 1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 599 By: Turner 1-17 A BILL TO BE ENTITLED 1-18 AN ACT 1-19 relating to the exoneration and forfeiture of bail. 1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-21 SECTION 1. Article 22.13, Code of Criminal Procedure, is 1-22 amended to read as follows: 1-23 Art. 22.13. CAUSES WHICH WILL EXONERATE. The following 1-24 causes, and no other, will exonerate the defendant and his 1-25 sureties, if any, from liability upon the forfeiture taken: 1-26 1. That the bond is, for any cause, not a valid and 1-27 binding undertaking in law. If it be valid and binding as to the 1-28 principal, and one or more of his sureties, if any, they shall not 1-29 be exonerated from liability because of its being invalid and not 1-30 binding as to another surety or sureties, if any. If it be invalid 1-31 and not binding as to the principal, each of the sureties, if any, 1-32 shall be exonerated from liability. If it be valid and binding as 1-33 to the principal, but not so as to the sureties, if any, the 1-34 principal shall not be exonerated, but the sureties, if any, shall 1-35 be. 1-36 2. The death of the principal before the forfeiture 1-37 was taken. 1-38 3. The sickness of the principal or some 1-39 uncontrollable circumstance which prevented his appearance at 1-40 court, and it must, in every such case, be shown that his failure 1-41 to appear arose from no fault on his part. The causes mentioned in 1-42 this subdivision shall not be deemed sufficient to exonerate the 1-43 principal and his sureties, if any, unless such principal appear 1-44 before final judgment on the bond to answer the accusation against 1-45 him, or show sufficient cause for not so appearing. 1-46 4. Failure to present an indictment or information at 1-47 the first term of the court which may be held after the principal 1-48 has been admitted to bail, in case where the party was bound over 1-49 before indictment or information, and the prosecution has not been 1-50 continued by order of the court. 1-51 5. Failure by the court to issue a capias or warrant 1-52 for the principal within a reasonable time after entering a 1-53 declaration of forfeiture and after a written motion has been 1-54 presented by the surety and the state or by the surety alone if the 1-55 state refuses to join the motion. 1-56 SECTION 2. The importance of this legislation and the 1-57 crowded condition of the calendars in both houses create an 1-58 emergency and an imperative public necessity that the 1-59 constitutional rule requiring bills to be read on three several 1-60 days in each house be suspended, and this rule is hereby suspended, 1-61 and that this Act take effect and be in force from and after its 1-62 passage, and it is so enacted. 1-63 * * * * * 1-64 Austin, 1-65 Texas 1-66 May 4, 1993 1-67 Hon. Bob Bullock 1-68 President of the Senate 2-1 Sir: 2-2 We, your Committee on Criminal Justice to which was referred S.B. 2-3 No. 599, have had the same under consideration, and I am instructed 2-4 to report it back to the Senate with the recommendation that it do 2-5 not pass, but that the Committee Substitute adopted in lieu thereof 2-6 do pass and be printed. 2-7 Whitmire, 2-8 Chairman 2-9 * * * * * 2-10 WITNESSES 2-11 FOR AGAINST ON 2-12 ___________________________________________________________________ 2-13 Name: Don Davis x 2-14 Representing: Dallas Co. DA's Office 2-15 City: Dallas 2-16 ------------------------------------------------------------------- 2-17 Name: Tillmin G. Welch x 2-18 Representing: Professional Bondsman of Tx 2-19 City: McAllen/Edinburg 2-20 ------------------------------------------------------------------- 2-21 Name: Ken Anderson x 2-22 Representing: Self 2-23 City: Georgetown 2-24 ------------------------------------------------------------------- 2-25 Name: Rob Kepple x 2-26 Representing: TDCAA 2-27 City: Austin 2-28 ------------------------------------------------------------------- 2-29 Name: Roger Miller x 2-30 Representing: Prof Bondsman of Texas 2-31 City: Austin 2-32 -------------------------------------------------------------------