By Talton H.B. No. 2340
75R6090 PEP-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 on a personal bond or 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 must
1-8 [shall be 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 until such time as the defendant receives an order of
2-3 deferred adjudication or is acquitted, sentenced, placed on
2-4 community supervision, or dismissed from the charge;
2-5 6. The bond shall be conditioned that the principal
2-6 and sureties, if any, are liable to this state for the principal
2-7 amount of the bond in the event the principal fails to appear at
2-8 the time and place required by a court or magistrate, provided that
2-9 if the principal is presented to the court or magistrate, or is
2-10 incarcerated in any jurisdiction, not later than 12 months after
2-11 the failure to appear, the sureties are liable to pay only the
2-12 necessary and reasonable expenses to rearrest the principal as
2-13 provided by Subdivision 7;
2-14 7. The bond shall also be conditioned that the
2-15 principal and sureties, if any, will pay all necessary and
2-16 reasonable expenses incurred by any and all sheriffs or other peace
2-17 officers in rearresting the principal on the charge specified in
2-18 the bond in the event he fails to appear before the court or
2-19 magistrate named in the bond at the time stated therein. The
2-20 amount of such expense may not exceed one-half of [shall be in
2-21 addition to] the principal amount of [specified in] the bond. The
2-22 failure of any bail bond to contain the conditions specified in
2-23 this paragraph shall in no manner affect the legality of any such
2-24 bond, but it is intended that the sheriff or other peace officer
2-25 shall look to the defendant and his sureties, if any, for expenses
2-26 incurred by him, and not to the State for any fees earned by him in
2-27 connection with the rearresting of an accused who has violated the
3-1 conditions of his bond.
3-2 SECTION 2. Article 22.05, Code of Criminal Procedure, is
3-3 amended to read as follows:
3-4 Art. 22.05. CITATION AS IN CIVIL ACTIONS. Sureties shall be
3-5 entitled to notice by service of citation[, the length of time and]
3-6 in the manner required in civil actions, except that the citation
3-7 shall require the sureties to answer within the time period
3-8 provided by Article 22.11. The [; and the] officer executing the
3-9 citation shall return the same as in civil actions. It shall not
3-10 be necessary to give notice to the defendant unless he has
3-11 furnished his address on the bond, in which event notice to the
3-12 defendant shall be deposited in the United States mail directed to
3-13 the defendant at the address shown on the bond.
3-14 SECTION 3. Article 22.11, Code of Criminal Procedure, is
3-15 amended to read as follows:
3-16 Art. 22.11. SURETIES MAY ANSWER. After the forfeiture of
3-17 the bond, if the sureties, if any, have been duly notified, the
3-18 sureties, if any, may answer in writing and show cause why the
3-19 defendant did not appear, which answer may be filed not later than
3-20 12 months after the date citation is served on the sureties [within
3-21 the time limited for answering in other civil actions].
3-22 SECTION 4. Article 22.15, Code of Criminal Procedure, is
3-23 amended to read as follows:
3-24 Art. 22.15. JUDGMENT FINAL BY DEFAULT. When the sureties
3-25 have been duly cited and fail to answer, and the principal also
3-26 fails to answer within the time period provided by Article 22.11
3-27 [limited for answering in other civil actions], the court shall
4-1 enter judgment final by default.
4-2 SECTION 5. Subsections (a), (c), (d), and (e), Article
4-3 22.16, Code of Criminal Procedure, are amended to read as follows:
4-4 (a) After forfeiture of a bond and before entry of final
4-5 judgment [the expiration of the time limits set by Subsection (c)
4-6 of this article], the court shall, on written motion, remit to the
4-7 surety the amount of the bond after deducting the costs of court
4-8 and[,] any necessary and reasonable costs to the county for the
4-9 return of the principal on the charge specified in the bond[, and
4-10 the interest accrued on the bond amount as provided by Subsection
4-11 (e) of this article] if:
4-12 (1) the principal is incarcerated in the county in
4-13 which the prosecution is pending;
4-14 (2) the principal is incarcerated in another
4-15 jurisdiction and the incarceration is verified as provided by
4-16 Subsection (b) of this article;
4-17 (3) the principal is released on new bail in the case;
4-18 (4) the principal is deceased; or
4-19 (5) the case for which bond was given is dismissed.
4-20 (c) A final judgment may be entered against a bond not
4-21 earlier than 12[:]
4-22 [(1) nine] months after the date citation [the
4-23 forfeiture] was served on the sureties [entered, if the offense for
4-24 which the bond was given is a misdemeanor; or]
4-25 [(2) 18 months after the date the forfeiture was
4-26 entered, if the offense for which the bond was given is a felony].
4-27 (d) For good cause shown [After the expiration of the time
5-1 limits set by Subsection (c) of this article and] before the entry
5-2 of a final judgment against the bond, the court in its discretion
5-3 may remit to the surety all or part of the amount of the bond after
5-4 deducting the costs of court and[,] any necessary and reasonable
5-5 expenses [costs] to the county for the return of the principal on
5-6 the charge specified in[, and the interest accrued on] the bond
5-7 [amount as provided by Subsection (e) of this article].
5-8 (e) Interest does not accrue on the amount of a forfeited
5-9 bond. For the purposes of this subsection [article], interest on
5-10 the amount of a forfeited bond includes prejudgment and
5-11 postjudgment interest [accrues on the bond amount from the date of
5-12 forfeiture in the same manner and at the same rate as provided for
5-13 the accrual of prejudgment interest in civil cases].
5-14 SECTION 6. This Act takes effect September 1, 1997. The
5-15 change in law made by this Act applies only to a bail bond executed
5-16 on or after the effective date of this Act. A bail bond executed
5-17 before the effective date of this Act is covered by the law in
5-18 effect when the bail bond was executed, and the former law is
5-19 continued in effect for that purpose.
5-20 SECTION 7. The importance of this legislation and the
5-21 crowded condition of the calendars in both houses create an
5-22 emergency and an imperative public necessity that the
5-23 constitutional rule requiring bills to be read on three several
5-24 days in each house be suspended, and this rule is hereby suspended.