By:  Lucio                                             S.B. No. 601
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the forfeiture and remittitur of bail; providing
    1-2  certain fees.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article 22.16, Code of Criminal Procedure, is
    1-5  amended to read as follows:
    1-6        Art. 22.16.  REMITTITUR AFTER FORFEITURE AND BEFORE FINAL
    1-7  JUDGMENT.  (a)  After forfeiture of a bond and before entry of a
    1-8  final judgment <the expiration of the time limits set by Subsection
    1-9  (c) of this article>, the court shall, on written motion or answer,
   1-10  remit to the surety the amount of the bond after deducting the
   1-11  costs of court as specified in Subsection (e) of this article, any
   1-12  reasonable costs to the county for the return of the principal, and
   1-13  the interest accrued on the bond amount as provided by Subsection
   1-14  (d) <(e)> of this article if:
   1-15              (1)  the principal is incarcerated in the county in
   1-16  which the prosecution is pending;
   1-17              (2)  the principal is incarcerated in another
   1-18  jurisdiction and the incarceration is verified as provided by
   1-19  Subsection (b) of this article or shown by other proof;
   1-20              (3)  the principal is released on new bail in the case;
   1-21              (4)  it is shown that the principal was at some earlier
   1-22  date, or is presently deceased; <or>
   1-23              (5)  the case for which the bond was given is
    2-1  dismissed;
    2-2              (6)  the proper authorities fail or refuse to extradite
    2-3  the principal on the bond to the county where the forfeiture is
    2-4  pending after request by the surety for extradition and
    2-5  acknowledgement of the surety's liability for the costs of such
    2-6  extradition made in writing; or
    2-7              (7)  the case for which the bond was given was disposed
    2-8  of by a plea of guilty or nolo contendere or a finding of guilty or
    2-9  not guilty or the principal was granted probation or deferred
   2-10  adjudication.
   2-11        (b)  For the purposes of Subdivisions (1) and (2) of
   2-12  Subsection (a) <(a)(2)> of this article, a surety may request
   2-13  confirmation of the incarceration of his principal by written
   2-14  request to the law enforcement agency of the county where the
   2-15  prosecution was or is pending.  A law enforcement agency in this
   2-16  state that receives a request for verification shall within 30 days
   2-17  after it receives the request notify the court in which the
   2-18  prosecution is or was pending and the surety whether or not the
   2-19  principal is or has been incarcerated <in another jurisdiction> and
   2-20  the date of the incarceration.  A surety making a request for
   2-21  confirmation shall pay a fee of $10 for confirmations from
   2-22  jurisdictions within this state and $25 for confirmations from
   2-23  jurisdictions outside of this state.
   2-24        (c)  Notwithstanding any other provision of this chapter, the
   2-25  prosecuting authority in any jurisdiction in which a forfeiture is
    3-1  pending may agree to and sign an agreed final judgment of the bond
    3-2  forfeiture, regardless of whether the principal on the bond is
    3-3  incarcerated.  Any such agreed final judgment may be made if the
    3-4  prosecuting authority, in his discretion, deems that the interests
    3-5  of the jurisdiction would be served thereby.  The agreed final
    3-6  judgment shall include an affirmative statement that the surety
    3-7  waives any right to subsequently file a motion for new trial, an
    3-8  appeal, or a bill of review in the case.  The court in which the
    3-9  forfeiture is pending shall approve a settlement of the bond
   3-10  forfeiture which meets the conditions of this subsection. <A final
   3-11  judgment may be entered against a bond not earlier than:>
   3-12              <(1)  nine months after the date the forfeiture was
   3-13  entered, if the offense for which the bond was given is a
   3-14  misdemeanor; or>
   3-15              <(2)  18 months after the date the forfeiture was
   3-16  entered, if the offense for which the bond was given is a felony.>
   3-17        (d)  Interest accrues on the bond amount from the date a
   3-18  judicial declaration of forfeiture is entered until the date of the
   3-19  occurrence of an event specified in Subsection (a) of this article
   3-20  at the rate provided for the accrual of prejudgment interest in
   3-21  civil cases.  <After the expiration of the time limits set by
   3-22  Subsection (c) of this article and before the entry of a final
   3-23  judgment against the bond, the court in its discretion may remit to
   3-24  the surety all or part of the amount of the bond after deducting
   3-25  the costs of court, any reasonable costs to the county for the
    4-1  return of the principal, and the interest accrued on the bond
    4-2  amount as provided by Subsection (e) of this article.>
    4-3        (e)  For the purposes of this article, costs of court in a
    4-4  misdemeanor bond forfeiture case are $25 and in a felony bond
    4-5  forfeiture case are $50 <interest accrues on the bond amount from
    4-6  the date of forfeiture in the same manner and at the same rate as
    4-7  provided for the accrual of prejudgment interest in civil cases>.
    4-8        SECTION 2.  The importance of this legislation and the
    4-9  crowded condition of the calendars in both houses create an
   4-10  emergency and an imperative public necessity that the
   4-11  constitutional rule requiring bills to be read on three several
   4-12  days in each house be suspended, and this rule is hereby suspended,
   4-13  and that this Act take effect and be in force from and after its
   4-14  passage, and it is so enacted.