HBA-NIK H.B. 1481 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1481 By: Hinojosa Criminal Jurisprudence 3/12/1999 Introduced BACKGROUND AND PURPOSE Currently, bail for a criminal defendant or a defendant convicted and awaiting appeal is designed to ensure that the defendant does not flee from the criminal justice system. There are provisions in the law, however, that serve as a disincentive to search for and apprehend defendants who have skipped bail. H.B. 1481 gives bail agents more time to seek and apprehend defendants who have skipped bail and provides rules allowing a court to remit some or all of a bond to sureties under certain circumstances. 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 22.02, Code of Criminal Procedure, as follows: Art. 22.02. MANNER OF TAKING A FORFEITURE. Sets forth the manner in which bail bonds and personal bonds are forfeited, with the defendant's name called at the courtroom, rather than the courthouse door. Requires the judgement to state why the forfeiture should be exonerated, or why the bond should be remitted. SECTION 2. Amends Article 22.03, Code of Criminal Procedure, as follows: Art. 22.03 CITATION TO SURETIES. Requires the citation, upon entry of judgement, to notify and require the defendant to appear no later than the first anniversary of the date the citation is served. Makes a conforming change. SECTION 3. Amends Article 22.04, Code of Criminal Procedure, as follows: Art. 22.04 REQUISITES OF CITATION. Requires that a copy of the judgement of forfeiture entered by the court be attached to the citation. Deletes provision that the citation is sufficient if it is in the form provided for citations in civil cases. Makes nonsubstantive change and conforming changes. SECTION 4. Amends Article 22.05, Code of Criminal Procedure, as follows: Art. 22.05. CITATION AS IN CIVIL ACTIONS. Requires sureties to be entitled to notice by service of citation as required in civil actions, except that the citation requires the party served to file a sworn answer not later than the first anniversary of the date the citation is served. Makes a nonsubstantive change. SECTION 5. Amends Article 22.10, Code of Criminal Procedure, as follows: Art. 22.10. SCIRE FACIAS DOCKET. Provides that when a forfeiture has been declared upon a bond, the court or clerk shall docket the case upon the scire facias docket, rather than upon the scire facias. Requires that the proceedings be governed by the same rules governing civil suits, except as otherwise provided by this chapter. Makes nonsubstantive change. SECTION 6. Amends Article 22.11, Code of Criminal Procedure, as follows: Art. 22.11. SURETIES MAY ANSWER. Authorizes the sureties to file a sworn answer. Authorizes the answer to be filed no later than the first anniversary of the date citation is served, rather than within the time limited for answering in other civil actions. Makes nonsubstantive and conforming changes. SECTION 7. Amends Article 22.125, Code of Criminal Procedure, as follows: Art. 22.125. POWERS OF THE COURT. Authorizes the court to proceed with the trial after a judicial declaration of forfeiture is entered if an answer is timely filed. Requires the court to enter judgement by default under Article 22.15 (Judgement final by default) if an answer is not timely filed. SECTION 8. Amends Article 22.14, Code of Criminal Procedure, as follows: Art. 22.14. JUDGEMENT FINAL. (a) Creates new subsection from existing text. Makes conforming and nonsubstantive changes. (b) Requires the court to enter a judgement exonerating the defendant and his sureties, if any, from liability on the forfeiture if, upon a trial of the issues presented, sufficient cause is shown why the defendant did not appear. Requires the court to enter a judgement for an amount determined under Article 22.16 (Remittitur after forfeiture) if, upon a trial of the issues presented, sufficient cause is shown why the bond should be remitted. SECTION 9. Amends Articles 22.16(a), (c), and (d), Code of Criminal Procedure, as follows: (a) Requires the court to stay the judgement of forfeiture on the receipt of a sworn written motion filed with the court by the surety, rather than require the court to remit to the surety the amount of the bond after deducting the costs of court. Makes conforming and nonsubstantive changes. (c) Requires the court to determine whether the allegations asserted in a motion filed under Subsection (a) are true. Sets forth the actions to be taken when the court determines that the allegations are either true or not true. Deletes the time periods in which a final judgement may be entered against a bond. (d) Requires the court, rather than authorizes the use of its discretion, to remit to the surety the amount of the bond after deducting the variable costs, if an event described by Subsection (a) occurs after the court enters a final judgement of forfeiture and before the expiration of the period during which an appeal may be filed. Authorizes the court to impose a penalty, not to exceed 10 percent of the amount of the bond except in extraordinary circumstances if the court determines a penalty is appropriate. Sets forth the requirements for the court in determining whether a penalty is appropriate and the amount of the penalty. Makes conforming change. SECTION 10. Amends Article 23.13, Code of Criminal Procedure, as follows: Art. 23.13. WHO MAY ARREST UNDER CAPIAS. (a) Created from existing text. (b) Authorizes a peace officer or a private investigator or security officer licensed under the Private Investigators and Private Security Agencies Act (Article 4413 (29bb), V.T.C.S.) to execute a capias issued under Article 23.05. (Capias after forfeiture) SECTION 11. Makes application of this Act prospective. SECTION 12. Effective date: September 1, 1999. SECTION 13. Emergency clause.