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.