By Place H.B. No. 1750
74R3879 PEP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to conditioning the release after conviction of a
1-3 defendant on the filing of a bond.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 42, Code of Criminal Procedure, is
1-6 amended by adding Article 42.06 to read as follows:
1-7 Art. 42.06. POST-CONVICTION RELEASE BOND
1-8 Sec. 1. DEFINITIONS. In this article:
1-9 (1) "Bond" means a written undertaking entered into by
1-10 the defendant and the defendant's sureties to secure the
1-11 defendant's compliance with conditions imposed as a prerequisite to
1-12 release on community supervision or parole or release on mandatory
1-13 supervision.
1-14 (2) "Surety" means any person or entity authorized in
1-15 this state to execute bonds filed in criminal cases.
1-16 Sec. 2. RELEASE ON BOND. A judge as a condition of
1-17 community supervision, or a parole panel as a condition of parole
1-18 or release on mandatory supervision, may require, in addition to
1-19 any other condition imposed under this chapter, that the defendant:
1-20 (1) post bond in an amount set by the judge or parole
1-21 panel;
1-22 (2) pay to the surety the surety's charge for
1-23 providing the bond; and
1-24 (3) report personally to the surety as directed by the
2-1 judge or parole panel or by the surety.
2-2 Sec. 3. BOND REQUIREMENTS. (a) A bond posted under this
2-3 article must be for a term of one year, payable to the state,
2-4 renewable on an annual basis, and conditioned:
2-5 (1) that the defendant will faithfully comply with all
2-6 conditions imposed by the judge or parole panel as a prerequisite
2-7 to the defendant's release from custody;
2-8 (2) that the surety will maintain contractual
2-9 arrangements that require a drug-testing facility and, if
2-10 applicable, a home arrest facility to notify the surety in writing
2-11 not later than the next business day after the date on which the
2-12 facility receives information indicating the defendant breached a
2-13 condition of bond; and
2-14 (3) that the surety will report to the defendant's
2-15 community supervision and corrections department officer or parole
2-16 officer not later than the second business day after the date on
2-17 which the surety is informed under Subdivision (2) of a breach.
2-18 (b) In addition to satisfying the requirements of Subsection
2-19 (a), a bond issued under this article must fully describe the terms
2-20 and conditions of any other obligation imposed by the court or
2-21 parole panel on the surety under the bond.
2-22 Sec. 4. PENALTY ON BREACH BY DEFENDANT. (a) On breach of a
2-23 condition of bond by a defendant, the judge or parole panel that
2-24 required the defendant to post bond may:
2-25 (1) revoke and immediately reinstate the bond on the
2-26 same or different terms without penalty to the surety; or
2-27 (2) revoke the bond and modify or revoke the
3-1 defendant's release on community supervision, parole, or mandatory
3-2 supervision.
3-3 (b) If a bond is revoked and reinstated under Subsection
3-4 (a)(1), the judge or parole panel shall provide notice by mail to
3-5 the surety not later than the second business day after the date of
3-6 revocation and reinstatement.
3-7 (c) If the bond is revoked under Subsection (a)(2), the
3-8 judge or parole panel shall deliver by mail to the surety, not
3-9 later than the 30th day after the date of revocation, a demand that
3-10 the surety make payment as required by Subsection (d).
3-11 (d) Not later than the 30th day after the date on which the
3-12 surety receives a demand under Subsection (c), the surety shall pay
3-13 to the clerk of the court or to the director of the pardons and
3-14 paroles division of the Texas Department of Criminal Justice, as
3-15 appropriate, an amount equal to:
3-16 (1) 10 percent of the face value of the bond if the
3-17 breach occurs in the first quarter of any premium year on the bond;
3-18 (2) 7.5 percent of the face value of the bond if the
3-19 breach occurs in the second quarter of any premium year on the
3-20 bond;
3-21 (3) five percent of the face value of the bond if the
3-22 breach occurs in the third quarter of any premium year on the bond;
3-23 and
3-24 (4) 2.5 percent of the face value of the bond if the
3-25 breach occurs in the fourth quarter of any premium year on the
3-26 bond.
3-27 Sec. 5. PENALTY ON BREACH BY SURETY. On breach of a
4-1 condition of bond by the surety, the judge or parole panel that
4-2 required the defendant to post bond may assess a penalty on the
4-3 surety in an amount determined by the court or parole panel not to
4-4 exceed the face value of the bond.
4-5 Sec. 6. DISCHARGE OF LIABILITY. A surety is relieved of any
4-6 further obligation on a bond issued under this article if:
4-7 (1) the term of the bond has expired;
4-8 (2) the defendant has successfully completed all
4-9 conditions imposed by the court or parole panel as a prerequisite
4-10 to the defendant's release from custody;
4-11 (3) the surety makes payment as required by Section 4;
4-12 or
4-13 (4) the surety surrenders the accused into the custody
4-14 of appropriate law enforcement officials.
4-15 SECTION 2. (a) The change in law made by this Act applies
4-16 only to a defendant released from custody after conviction of an
4-17 offense committed on or after the effective date of this Act. For
4-18 purposes of this section, an offense is committed before the
4-19 effective date of this Act if any element of the offense occurs
4-20 before that date.
4-21 (b) A defendant who committed an offense before the
4-22 effective date of this Act is covered by the law in effect when the
4-23 offense was committed, and the former law is continued in effect
4-24 for that purpose.
4-25 SECTION 3. This Act takes effect September 1, 1995.
4-26 SECTION 4. The importance of this legislation and the
4-27 crowded condition of the calendars in both houses create an
5-1 emergency and an imperative public necessity that the
5-2 constitutional rule requiring bills to be read on three several
5-3 days in each house be suspended, and this rule is hereby suspended.