By Nixon H.B. No. 2532
74R6984 NSC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the liability of a criminal defendant and the
1-3 defendant's sureties for interest on a personal bond or a bail
1-4 bond.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 17.04, Code of Criminal Procedure, is
1-7 amended to read as follows:
1-8 Art. 17.04. REQUISITES OF A PERSONAL BOND. A personal bond
1-9 is sufficient if it includes the requisites of a bail bond as set
1-10 out in Article 17.08, except that no sureties are required. In
1-11 addition, a personal bond shall contain:
1-12 (1) the defendant's name, address, and place of
1-13 employment;
1-14 (2) identification information, including the
1-15 defendant's:
1-16 (A) date and place of birth;
1-17 (B) height, weight, and color of hair and eyes;
1-18 (C) driver's license number and state of
1-19 issuance, if any; and
1-20 (D) nearest relative's name and address, if any;
1-21 and
1-22 (3) the following oath sworn and signed by the
1-23 defendant:
1-24 "I swear that I will appear before (the court or magistrate)
2-1 at (address, city, county) Texas, on the (date), at the hour of
2-2 (time, a.m. or p.m.) or upon notice by the court, or pay to the
2-3 court the principal sum of (amount) plus interest and all necessary
2-4 and reasonable expenses incurred in any arrest for failure to
2-5 appear."
2-6 SECTION 2. Article 17.08, Code of Criminal Procedure, is
2-7 amended to read as follows:
2-8 Art. 17.08. REQUISITES OF A BAIL BOND. A bail bond shall be
2-9 sufficient if it contains <contain> the following requisites:
2-10 1. That it be made payable to "The State of Texas";
2-11 2. That the defendant and his sureties, if any, bind
2-12 themselves that the defendant will appear before the proper court
2-13 or magistrate to answer the accusation against him;
2-14 3. If the defendant is charged with a felony, that it
2-15 state that he is charged with a felony. If the defendant is
2-16 charged with a misdemeanor, that it state that he is charged with a
2-17 misdemeanor;
2-18 4. That the bond be signed by name or mark by the
2-19 principal and sureties, if any, each of whom shall write thereon
2-20 his mailing address;
2-21 5. That the bond state the time and place, when and
2-22 where the accused binds himself to appear, and the court or
2-23 magistrate before whom he is to appear. The bond shall also bind
2-24 the defendant to appear before any court or magistrate before whom
2-25 the cause may thereafter be pending at any time when, and place
2-26 where, his presence may be required under this Code or by any court
2-27 or magistrate;
3-1 6. The bond shall also be conditioned that the
3-2 principal and sureties, if any, will pay interest on a forfeited
3-3 bond and all necessary and reasonable expenses incurred by any and
3-4 all sheriffs or other peace officers in rearresting the principal
3-5 in the event he fails to appear before the court or magistrate
3-6 named in the bond at the time stated therein. The interest and the
3-7 amount of such expense shall be in addition to the principal amount
3-8 specified in the bond. The failure of any bail bond to contain the
3-9 conditions specified in this paragraph shall in no manner affect
3-10 the legality of any such bond, but it is intended that the sheriff
3-11 or other peace officer shall look to the defendant and his
3-12 sureties, if any, for expenses incurred by him, and not to the
3-13 State for any fees earned by him in connection with the rearresting
3-14 of an accused who has violated the conditions of his bond.
3-15 SECTION 3. Chapter 22, Code of Criminal Procedure, is
3-16 amended by adding Article 22.011 to read as follows:
3-17 Art. 22.011. INTEREST ON FORFEITED BOND. (a) On a judicial
3-18 declaration of forfeiture of a bond, the defendant and defendant's
3-19 sureties, if any, are liable for interest on the principal amount
3-20 of the bond.
3-21 (b) The interest accrues from the date the judicial
3-22 declaration of forfeiture is entered at the same rate as provided
3-23 for the accrual of postjudgment interest in a civil case.
3-24 SECTION 4. The change in law made by this Act applies only
3-25 to a personal bond or bail bond executed on or after the effective
3-26 date of this Act. A personal bond or bail bond executed before the
3-27 effective date of this Act is covered by the law in effect when the
4-1 bond was executed, and the former law is continued in effect for
4-2 that purpose.
4-3 SECTION 5. This Act takes effect September 1, 1995.
4-4 SECTION 6. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended.