1-1  By:  Lucio                                             S.B. No. 601
    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 7, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 5, Nays 2; May 7, 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. 601                   By:  Sibley
   1-17                         A BILL TO BE ENTITLED
   1-18                                AN ACT
   1-19  relating to the forfeiture and remittitur of bail; providing
   1-20  certain fees.
   1-21        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-22        SECTION 1.  Article 22.16, Code of Criminal Procedure, is
   1-23  amended to read as follows:
   1-24        Art. 22.16.  REMITTITUR AFTER FORFEITURE AND BEFORE FINAL
   1-25  JUDGMENT.  (a)  After forfeiture of a bond and before entry of a
   1-26  final judgment <the expiration of the time limits set by Subsection
   1-27  (c) of this article>, the court shall, on written motion, remit to
   1-28  the surety the amount of the bond after deducting the costs of
   1-29  court, any reasonable costs to the county for the return of the
   1-30  principal, and the interest accrued on the bond amount as provided
   1-31  by Subsection (e) of this article if:
   1-32              (1)  the principal is incarcerated in the county in
   1-33  which the prosecution is pending;
   1-34              (2)  the principal is incarcerated in another
   1-35  jurisdiction and the incarceration is verified as provided by
   1-36  Subsection (b) of this article;
   1-37              (3)  the principal is released on new bail in the case;
   1-38              (4)  it is shown that the principal is deceased; <or>
   1-39              (5)  the case for which bond was given is dismissed;
   1-40              (6)  the proper authorities refuse to extradite the
   1-41  principal on the bond to the county where the declaration of
   1-42  forfeiture is pending after request by the surety for extradition
   1-43  and acknowledgement of the surety's liability for the costs of such
   1-44  extradition made in writing; or
   1-45              (7)  the case for which the bond was given was disposed
   1-46  of by a finding of guilty and the principal was placed into custody
   1-47  or by a finding of not guilty, or the principal was granted
   1-48  probation or deferred adjudication.
   1-49        (b)  For the purposes of Subsections (a)(1) and (2)
   1-50  <Subsection (a)(2)> of this article, a surety may request
   1-51  confirmation of the incarceration of his principal by written
   1-52  request to the law enforcement agency of the county where the
   1-53  prosecution was or is pending.  A law enforcement agency in this
   1-54  state that receives a request for verification shall within 30 days
   1-55  after it receives the request notify the court in which the
   1-56  prosecution is or was pending and the surety whether or not the
   1-57  principal is or has been incarcerated in another jurisdiction and
   1-58  the date of the incarceration.  A surety making a request for
   1-59  confirmation shall pay a fee of $10 for confirmations from
   1-60  jurisdictions within this state and $25 or the actual cost to the
   1-61  county, whichever is the larger amount, for confirmations from
   1-62  jurisdictions outside of this state.
   1-63        (c)  Notwithstanding any other provision of this chapter, the
   1-64  prosecuting authority in a jurisdiction in which a declaration of
   1-65  forfeiture is pending may agree to and sign an agreed final
   1-66  judgment of the bond forfeiture, regardless of whether the
   1-67  principal on the bond is incarcerated.  An agreed final judgment
   1-68  may be made if the prosecuting authority, in the authority's
    2-1  discretion, decides that the settlement is in the interests of the
    2-2  jurisdiction.  An agreed final judgment must include an affirmative
    2-3  statement that the surety waives any right to file a motion for new
    2-4  trial, an appeal, or a bill of review in the case.  The court in
    2-5  which the declaration of forfeiture is pending shall approve a
    2-6  settlement of the bond forfeiture which meets the conditions of
    2-7  this subsection <A final judgment may be entered against a bond not
    2-8  earlier than:>
    2-9              <(1)  nine months after the date the forfeiture was
   2-10  entered, if the offense for which the bond was given is a
   2-11  misdemeanor; or>
   2-12              <(2)  18 months after the date the forfeiture was
   2-13  entered, if the offense for which the bond was given is a felony>.
   2-14        (d)  Nothing in this article exonerates the surety on any
   2-15  bond until all costs and penalties imposed by this article have
   2-16  been paid in full or an agreed judgment has been entered and paid
   2-17  <After the expiration of the time limits set by Subsection (c) of
   2-18  this article and before the entry of a final judgment against the
   2-19  bond, the court in its discretion may remit to the surety all or
   2-20  part of the amount of the bond after deducting the costs of court,
   2-21  any reasonable costs to the county for the return of the principal,
   2-22  and the interest accrued on the bond amount as provided by
   2-23  Subsection (e) of this article>.
   2-24        (e)  For the purposes of this article, interest accrues on
   2-25  the bond amount from the date of forfeiture to the date of the
   2-26  occurrence of an event specified in Subsection (a)(1), (3), (4),
   2-27  (5), (6), or (7) of this article at the rate of 12 percent per
   2-28  annum or until a cash deposit in the amount of the bond is
   2-29  deposited with the clerk of the court, whichever period is shorter
   2-30  <in the same manner and at the same rate as provided for the
   2-31  accrual of prejudgment interest in civil cases>.
   2-32        SECTION 2.  The importance of this legislation and the
   2-33  crowded condition of the calendars in both houses create an
   2-34  emergency and an imperative public necessity that the
   2-35  constitutional rule requiring bills to be read on three several
   2-36  days in each house be suspended, and this rule is hereby suspended,
   2-37  and that this Act take effect and be in force from and after its
   2-38  passage, and it is so enacted.
   2-39                               * * * * *
   2-40                                                         Austin,
   2-41  Texas
   2-42                                                         May 7, 1993
   2-43  Hon. Bob Bullock
   2-44  President of the Senate
   2-45  Sir:
   2-46  We, your Committee on Criminal Justice to which was referred S.B.
   2-47  No. 601, have had the same under consideration, and I am instructed
   2-48  to report it back to the Senate with the recommendation that it do
   2-49  not pass, but that the Committee Substitute adopted in lieu thereof
   2-50  do pass and be printed.
   2-51                                                         Whitmire,
   2-52  Chairman
   2-53                               * * * * *
   2-54                               WITNESSES
   2-55                                                  FOR   AGAINST  ON
   2-56  ___________________________________________________________________
   2-57  Name:  Don Davis                                         x
   2-58  Representing:  Dallas Co. DA's Office
   2-59  City:  Dallas
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   2-61                                                  FOR   AGAINST  ON
   2-62  ___________________________________________________________________
   2-63  Name:  Roger Miller                              x
   2-64  Representing:  Prof Bondsman of Tx
   2-65  City:  Austin
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   2-67  Name:  Rob Kepple                                              x
   2-68  Representing:  TDCAA
   2-69  City:  Austin
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    3-1  Name:  Ken Anderson                                      x
    3-2  Representing:  Self
    3-3  City:  Georgetown
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    3-5  Name:  Tillman Welch                             x
    3-6  Representing:  Prof. Bondsman of Texas
    3-7  City:  Edinburg
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