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
2-60 -------------------------------------------------------------------
2-61 FOR AGAINST ON
2-62 ___________________________________________________________________
2-63 Name: Roger Miller x
2-64 Representing: Prof Bondsman of Tx
2-65 City: Austin
2-66 -------------------------------------------------------------------
2-67 Name: Rob Kepple x
2-68 Representing: TDCAA
2-69 City: Austin
2-70 -------------------------------------------------------------------
3-1 Name: Ken Anderson x
3-2 Representing: Self
3-3 City: Georgetown
3-4 -------------------------------------------------------------------
3-5 Name: Tillman Welch x
3-6 Representing: Prof. Bondsman of Texas
3-7 City: Edinburg
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