By Lewis of Tarrant H.B. No. 1194
75R5785 JSA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the release of a criminal defendant on partial bail and
1-3 to the procedures governing a cash bond.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 17.02, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 17.02. DEFINITION OF "BAIL BOND"; CASH BOND AUTHORIZED.
1-8 (a) A "bail bond" is a written undertaking entered into by the
1-9 defendant and his sureties for the appearance of the principal
1-10 therein before some court or magistrate to answer a criminal
1-11 accusation; provided, however, that the defendant upon execution
1-12 of such bail bond may deposit with the custodian of funds of the
1-13 court in which the prosecution is pending current money of the
1-14 United States in the amount of the bond, or in a lesser amount as
1-15 provided by Article 17.025, in lieu of having sureties signing the
1-16 same.
1-17 (b) Any cash funds deposited under this Article or Article
1-18 17.025 shall be receipted for by the officer receiving those funds.
1-19 The officer shall deposit the funds in an interest-bearing account
1-20 established for purposes of this subsection. Interest on the
1-21 amount in the account may be retained by the county to cover the
1-22 costs of administering this subsection. In addition, the county
1-23 may impose a fee, not to exceed 10 percent of the amount deposited,
1-24 to cover those administrative costs. The officer shall refund the
2-1 amount deposited, less any amount retained under this subsection as
2-2 an administrative fee, [the same and shall be refunded] to the
2-3 defendant, or to another person to whom that amount is assigned by
2-4 the defendant in a signed written instrument filed with that
2-5 officer, [if and] when the defendant complies with the conditions
2-6 of his bond, and upon order of the court.
2-7 SECTION 2. Chapter 17, Code of Criminal Procedure, is
2-8 amended by adding Article 17.025 to read as follows:
2-9 Art. 17.025. RELEASE ON BOND IN PARTIAL AMOUNT. (a) A
2-10 magistrate may release a defendant on bail by permitting the
2-11 defendant to deposit an amount of cash bond or to submit a bail
2-12 bond in an amount that is less than the total amount of bail set in
2-13 the case if the magistrate determines that requiring the defendant
2-14 to deposit a cash bond or to procure a bail bond in the full amount
2-15 of bail will impose an unreasonable hardship on the defendant.
2-16 (b) Only the court before whom the case is pending may
2-17 release a defendant under this article if the defendant is a
2-18 defendant described by Article 17.03(b).
2-19 (c) A magistrate who releases a defendant under this article
2-20 may impose any conditions on the release that the magistrate could
2-21 impose if the defendant were released on personal bond.
2-22 SECTION 3. This Act takes effect September 1, 1997.
2-23 SECTION 4. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.