75R13105 PEP-D
By Talton H.B. No. 2340
Substitute the following for H.B. No. 2340:
By Reyna of Bexar C.S.H.B. No. 2340
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 on a bail bond.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 17.08, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 17.08. REQUISITES OF A BAIL BOND. A bail bond shall be
1-8 sufficient if it contain the following requisites:
1-9 1. That it be made payable to "The State of Texas";
1-10 2. That the defendant and his sureties, if any, bind
1-11 themselves that the defendant will appear before the proper court
1-12 or magistrate to answer the accusation against him;
1-13 3. If the defendant is charged with a felony, that it
1-14 state that he is charged with a felony. If the defendant is
1-15 charged with a misdemeanor, that it state that he is charged with a
1-16 misdemeanor;
1-17 4. That the bond be signed by name or mark by the
1-18 principal and sureties, if any, each of whom shall write thereon
1-19 his mailing address;
1-20 5. That the bond state the time and place, when and
1-21 where the accused binds himself to appear, and the court or
1-22 magistrate before whom he is to appear. The bond shall also bind
1-23 the defendant to appear before any court or magistrate before whom
1-24 the cause may thereafter be pending at any time when, and place
2-1 where, his presence may be required under this Code or by any court
2-2 or magistrate. A bond other than a bond posted to secure the
2-3 appearance of the defendant during the pendency of an appeal shall
2-4 bind the defendant to appear until such time as the defendant
2-5 receives an order of deferred adjudication or is acquitted,
2-6 sentenced, placed on community supervision, or dismissed from the
2-7 charge;
2-8 6. The bond shall be conditioned that the principal
2-9 and sureties, if any, are liable to this State for the principal
2-10 amount of the bond in the event the principal fails to appear at
2-11 the time and place required by a court or magistrate, provided that
2-12 if the principal is presented to the court or magistrate, or is
2-13 incarcerated in any jurisdiction, not later than eight months after
2-14 the failure to appear, the sureties are liable to pay only the
2-15 costs of court, any necessary and reasonable expenses to rearrest
2-16 the principal as provided by Subdivision 7, and the interest
2-17 accrued on the bond amount as provided by Article 22.16;
2-18 7. The bond shall also be conditioned that the
2-19 principal and sureties, if any, will pay all necessary and
2-20 reasonable expenses incurred by any and all sheriffs or other peace
2-21 officers in rearresting the principal on the charge specified in
2-22 the bond in the event he fails to appear before the court or
2-23 magistrate named in the bond at the time stated therein. The
2-24 amount of such expense shall be in addition to the principal amount
2-25 specified in the bond. The failure of any bail bond to contain the
2-26 conditions specified in this paragraph shall in no manner affect
2-27 the legality of any such bond, but it is intended that the sheriff
3-1 or other peace officer shall look to the defendant and his
3-2 sureties, if any, for expenses incurred by him, and not to the
3-3 State for any fees earned by him in connection with the rearresting
3-4 of an accused who has violated the conditions of his bond.
3-5 SECTION 2. Article 22.05, Code of Criminal Procedure, is
3-6 amended to read as follows:
3-7 Art. 22.05. CITATION AS IN CIVIL ACTIONS. Sureties shall be
3-8 entitled to notice by service of citation[, the length of time and]
3-9 in the manner required in civil actions, except that the citation
3-10 shall require the sureties to answer within the time period
3-11 provided by Article 22.11. The [; and the] officer executing the
3-12 citation shall return the same as in civil actions. It shall not
3-13 be necessary to give notice to the defendant unless he has
3-14 furnished his address on the bond, in which event notice to the
3-15 defendant shall be deposited in the United States mail directed to
3-16 the defendant at the address shown on the bond.
3-17 SECTION 3. Article 22.11, Code of Criminal Procedure, is
3-18 amended to read as follows:
3-19 Art. 22.11. SURETIES MAY ANSWER. After the forfeiture of
3-20 the bond, if the sureties, if any, have been duly notified, the
3-21 sureties, if any, may answer in writing and show cause why the
3-22 defendant did not appear, which answer may be filed not later than
3-23 the latter of:
3-24 (1) the date that is eight months after the date the
3-25 bond is forfeited; or
3-26 (2) the date that is 30 days after the date citation
3-27 is served on the sureties [within the time limited for answering in
4-1 other civil actions].
4-2 SECTION 4. Article 22.15, Code of Criminal Procedure, is
4-3 amended to read as follows:
4-4 Art. 22.15. JUDGMENT FINAL BY DEFAULT. When the sureties
4-5 have been duly cited and fail to answer within the time provided by
4-6 Article 22.11, and the principal also fails to answer within the
4-7 time limited for answering in other civil actions, the court shall
4-8 enter judgment final by default.
4-9 SECTION 5. Subsections (a), (c), (d), and (e), Article
4-10 22.16, Code of Criminal Procedure, are amended to read as follows:
4-11 (a) After forfeiture of a bond and before entry of final
4-12 judgment [the expiration of the time limits set by Subsection (c)
4-13 of this article], the court shall, on written motion, remit to the
4-14 surety the amount of the bond after deducting the costs of court,
4-15 any necessary and reasonable costs to the county for the return of
4-16 the principal on the charge specified in the bond, and the interest
4-17 accrued on the bond amount as provided by Subsection (e) of this
4-18 article if:
4-19 (1) the principal is incarcerated in the county in
4-20 which the prosecution is pending;
4-21 (2) the principal is incarcerated in another
4-22 jurisdiction and the incarceration is verified as provided by
4-23 Subsection (b) of this article;
4-24 (3) the principal is released on new bail in the case;
4-25 (4) the principal is deceased; or
4-26 (5) the case for which bond was given is dismissed.
4-27 (c) The court may enter [A] final judgment [may be entered]
5-1 against a bond [not] earlier than the answer date provided by
5-2 Article 22.11 only on agreement of the parties[:]
5-3 [(1) nine months after the date the forfeiture was
5-4 entered, if the offense for which the bond was given is a
5-5 misdemeanor; or]
5-6 [(2) 18 months after the date the forfeiture was
5-7 entered, if the offense for which the bond was given is a felony].
5-8 (d) If the defendant is returned to custody [After the
5-9 expiration of the time limits set by Subsection (c) of this article
5-10 and] before the entry of a final judgment against the bond, on a
5-11 showing of good cause, the court in its discretion may remit to the
5-12 surety all or part of the amount of the bond after deducting the
5-13 costs of court, any necessary and reasonable expenses [costs] to
5-14 the county for the return of the principal on the charge specified
5-15 in the bond, and the interest accrued on the bond amount as
5-16 provided by Subsection (e) of this article.
5-17 (e) For the purposes of this article, interest accrues on
5-18 the bond amount from the date of forfeiture to the date of final
5-19 judgment in the same manner and at the same rate as provided for
5-20 the accrual of prejudgment interest in civil cases.
5-21 SECTION 6. This Act takes effect September 1, 1997. The
5-22 change in law made by this Act applies only to a bail bond executed
5-23 on or after the effective date of this Act. A bail bond executed
5-24 before the effective date of this Act is covered by the law in
5-25 effect when the bail bond was executed, and the former law is
5-26 continued in effect for that purpose.
5-27 SECTION 7. The importance of this legislation and the
6-1 crowded condition of the calendars in both houses create an
6-2 emergency and an imperative public necessity that the
6-3 constitutional rule requiring bills to be read on three several
6-4 days in each house be suspended, and this rule is hereby suspended.