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Rules of Civil Procedure unless the final judgment is superseded by the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.