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.