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
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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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