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
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   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
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   2-25  Name:  Rob Kepple                                              x
   2-26  Representing:  TDCAA
   2-27  City:  Austin
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   2-29  Name:  Roger Miller                              x
   2-30  Representing:  Prof Bondsman of Texas
   2-31  City:  Austin
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