SRC-JJJ S.B. 403 76(R)BILL ANALYSIS Senate Research CenterS.B. 403 By: Armbrister Criminal Justice 7/26/1999 Enrolled DIGEST Currently, there are no uniform policies to address certain conditions relating to bail bonds and bail bond forfeiture. S.B. 403 will establish conditions regarding the liability of a criminal defendant and the defendant's sureties on a personal bond or a bail bond, and certain procedures in connection with a bond forfeiture. PURPOSE As enrolled, S.B. 403 establishes conditions regarding the liability of a criminal defendant and the defendant's sureties on a personal bond or a bail bond, and certain procedures in connection with a bond forfeiture. RULEMAKING AUTHORITY This bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 17.08, Code of Criminal Procedure, to require bail bonds to contain certain requisites including that the sureties in no event shall be bound after such a time as the defendant receives an order of deferred adjudication or is acquitted, sentenced, placed on community supervision, or dismissed from the charge. Deletes text regarding sufficiency of the bond. SECTION 2. Amends Section 2, Article 17.11, Code of Criminal Procedure, to require a surety to be deemed in default from the time execution may be issued on a final judgment in a bond forfeiture proceeding under the Texas Rules of Civil Procedure unless the final judgment is superseded by the posting of a supersedeas bond. Deletes text regarding a final judgment. SECTION 3. Amends Article 17.19(a), Code of Criminal Procedure, to authorize any surety, desiring to surrender his principal and after notifying the principal's attorney on the prescribed manner of the surety's intention to surrender the principal, to file an affidavit of such intention before the court or magistrate before which the prosecution is pending. Sets forth requirements for the surety. SECTION 4. Amends Article 22.10, Code of Criminal Procedure, to establish conditions regarding exceptions provided by this chapter in a court proceeding. SECTION 5. Amends Section 22.125, Code of Criminal Procedure, to authorize the court to approve any proposed settlement of the liability on the forfeiture agreed to by the state and the defendant or the defendant's sureties, if any. SECTION 6. Amends Chapter 22, Code of Criminal Procedure, by adding Article 22.18, as follows: Art. 22.18. LIMITATION. Requires an action by the state to forfeit a bail bond to be brought no later than the fourth anniversary of the date the principal failed to appear in court. SECTION 7. Amends Article 23.05, Code of Criminal Procedure, to authorize a capias to be executed by certain individuals. SECTION 8. Amends Subchapter C, Article 4413 (29bb), V.T.C.S., by adding Section 43A, as follows: Sec. 43A. EXECUTION OF ARREST WARRANT ON BEHALF OF SURETY ON BAIL BOND; OFFENSE. Sets forth prohibitions for a private investigator executing an arrest warrant on behalf of a surety on a bail bond. Authorizes a private investigator to display identification that indicates that the person is acting on behalf of a surety on bail bond. Requires a private investigator executing a capias on behalf of a surety on a bail bond to immediately take the person arrested to certain entities under certain conditions. Provides that a person commits a state jail felony if the person violates this section. SECTION 9.(a) Effective date: September 1, 1999. (b) Makes application of SECTIONS 1, 2, 4, 5, and 6 of this Act prospective. (c) Makes application of SECTIONS 7 and 8 of this Act prospective. SECTION 10. Emergency clause.