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.