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.