HBA-RBT H.B. 882 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 882 By: Talton Criminal Jurisprudence 3/17/1999 Introduced BACKGROUND AND PURPOSE Currently, Article 17.08, Code of Criminal Procedure, establishes that a defendant must appear before a court or magistrate at any time the defendant's presence is required, but does not establish a time when the defendant is no longer obligated to appear. H.B. 882 sets forth the circumstances in which the defendant is no longer obligated to appear. This bill also sets forth the circumstances in which the surety is liable on the bond and what the surety must pay. It revises some procedural aspects regarding time limits for certain actions by the court. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 17.08, Code of Criminal Procedure, to provide that a bail bond binds the defendant to appear until such time as the defendant receives an order of deferred adjudication or is acquitted, sentenced, placed on community supervision, or dismissed from the charge. Requires the bond to be conditioned so that the principal and sureties are liable for the principal amount of the bond if the principal fails to appear when required. Provides that if the principal is presented to the court or magistrate, or is incarcerated in any jurisdiction within 12 months of failing to appear, the sureties are liable to pay only the necessary and reasonable expenses to re-arrest the principal. Prohibits the amount of the expenses from being more than half the principal amount of the bond. Makes conforming and nonsubstantive changes. SECTION 2. Amends Article 22.05, Code of Criminal Procedure, to make changes conforming with Article 22.11, Code of Criminal Procedure. SECTION 3. Amends Article 22.11, Code of Criminal Procedure, to allow sureties 12 months to answer after the bond forfeiture and show cause why the defendant did not appear, rather than within the time limited for answering in other civil actions. SECTION 4. Amends Article 22.15, Code of Criminal Procedure, to make conforming changes. SECTION 5. Amends Articles 22.16(a), (c), (d), and (e), Code of Criminal Procedure, to require, under specified circumstances, the court to return to the surety the amount of the bond after deducting necessary and reasonable expenses, rather than reasonable expenses and the interest accrued on the bond. Authorizes a final judgment to be entered on a bond 12 months after the citation was served on the sureties, rather than 9 months after the forfeiture for misdemeanors and 18 months after the forfeiture for felonies. Authorizes return of all or part of the bond for good cause shown, rather than within the time limits specified. Provides that interest does not accrue on forfeited bond and specifies that interest includes prejudgment and postjudgment interest. Makes conforming and nonsubstantive changes. SECTION 6. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 7. Emergency clause.