By Lewis of Tarrant                                    H.B. No. 488
         76R873 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the release of a criminal defendant on partial bail and
 1-3     to the procedures governing a cash bond.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 17.02, Code of Criminal Procedure, is
 1-6     amended to read as follows:
 1-7           Art. 17.02.  DEFINITION OF "BAIL BOND"; CASH BOND AUTHORIZED.
 1-8     (a)  A "bail bond" is a written undertaking entered into by the
 1-9     defendant and the defendant's [his] sureties for the appearance of
1-10     the principal therein before some court or magistrate to answer a
1-11     criminal accusation;  provided, however, that the defendant upon
1-12     execution of such bail bond may deposit with the custodian of funds
1-13     of the court in which the prosecution is pending current money of
1-14     the United States in the amount of the bond, or in a lesser amount
1-15     as provided by Article 17.025, in lieu of having sureties signing
1-16     the  same.
1-17           (b)  Any cash funds deposited under this Article or Article
1-18     17.025 shall be receipted for by the officer receiving those funds.
1-19     The officer shall deposit the funds in an interest-bearing account
1-20     established for purposes of this subsection.  Interest on the
1-21     amount in the account may be retained by the county to cover the
1-22     costs of administering this subsection.  In addition, the county
1-23     may impose a fee, not to exceed 10 percent of the amount deposited,
1-24     to cover those administrative costs.  The officer shall refund the
 2-1     amount deposited, less any amount retained under this subsection as
 2-2     an administrative fee,  [the same and shall be refunded] to the
 2-3     defendant, or to another person to whom that amount is assigned by
 2-4     the defendant in a signed written instrument filed with that
 2-5     officer, [if and] when the defendant complies with the conditions
 2-6     of the defendant's [his] bond, and upon order of the court.
 2-7           SECTION 2.  Chapter 17, Code of Criminal Procedure, is
 2-8     amended by adding Article 17.025 to read as follows:
 2-9           Art. 17.025.  RELEASE ON BOND IN PARTIAL AMOUNT.  (a)  A
2-10     magistrate may release a defendant on bail by permitting the
2-11     defendant to deposit an amount of cash bond or to submit a bail
2-12     bond in an amount that is less than the total amount of bail set in
2-13     the case if the magistrate determines that requiring the defendant
2-14     to deposit a cash bond or to procure a bail bond in the full amount
2-15     of bail will impose an unreasonable hardship on the defendant.
2-16           (b)  Only the court before whom the case is pending may
2-17     release a defendant under this article if the defendant is a
2-18     defendant described by Article 17.03(b).
2-19           (c)  A magistrate who releases a defendant under this article
2-20     may impose any conditions on the release that the magistrate could
2-21     impose if the defendant were released on personal bond.
2-22           SECTION 3.  This Act takes effect September 1, 1999.
2-23           SECTION 4.  The importance of this legislation and the
2-24     crowded condition of the calendars in both houses create an
2-25     emergency and an imperative public necessity that the
2-26     constitutional rule requiring bills to be read on three several
2-27     days in each house be suspended, and this rule is hereby suspended.