By Talton                                              H.B. No. 882
         76R2997 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the liability of a criminal defendant and the
 1-3     defendant's sureties on a personal bond or a bail bond.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 17.08, Code of Criminal Procedure, is
 1-6     amended to read as follows:
 1-7           Art. 17.08.  REQUISITES OF A BAIL BOND.  A bail bond must
 1-8     [shall be sufficient if it] contain the following requisites:
 1-9                 1.  That it be made payable to "The State of Texas";
1-10                 2.  That the defendant and his sureties, if any, bind
1-11     themselves that the defendant will appear before the proper court
1-12     or magistrate to answer the accusation against him;
1-13                 3.  If the defendant is charged with a felony, that it
1-14     state that he is charged with a felony.  If the defendant is
1-15     charged with a misdemeanor, that it state that he is charged with a
1-16     misdemeanor;
1-17                 4.  That the bond be signed by name or mark by the
1-18     principal and sureties, if any, each of whom shall write thereon
1-19     his mailing address;
1-20                 5.  That the bond state the time and place, when and
1-21     where the accused binds himself to appear, and the court or
1-22     magistrate before whom he is to appear.  The bond shall also bind
1-23     the defendant to appear before any court or magistrate before whom
1-24     the cause may thereafter be pending at any time when, and place
 2-1     where, his presence may be required under this Code or by any court
 2-2     or magistrate until such time as the defendant receives an order of
 2-3     deferred adjudication or is acquitted, sentenced, placed on
 2-4     community supervision, or dismissed from the charge;
 2-5                 6.  The bond shall be conditioned that the principal
 2-6     and sureties, if any, are liable to this state for the principal
 2-7     amount of the bond in the event the principal fails to appear at
 2-8     the time and place required by a court or magistrate, provided that
 2-9     if the principal is presented to the court or magistrate, or is
2-10     incarcerated in any jurisdiction, not later than 12 months after
2-11     the failure to appear, the sureties are liable to pay only the
2-12     necessary and reasonable expenses to rearrest the principal as
2-13     provided by Subdivision 7;
2-14                 7.  The bond shall also be conditioned that the
2-15     principal and sureties, if any, will pay all necessary and
2-16     reasonable expenses incurred by any and all sheriffs or other peace
2-17     officers in rearresting the principal on the charge specified in
2-18     the bond in the event he fails to appear before the court or
2-19     magistrate named in the bond at the time stated therein.  The
2-20     amount of such expense may not exceed one-half of [shall be in
2-21     addition to] the principal amount of [specified in] the bond.  The
2-22     failure of any bail bond to contain the conditions specified in
2-23     this paragraph shall in no manner affect the legality of any such
2-24     bond, but it is intended that the sheriff or other peace officer
2-25     shall look to the defendant and his sureties, if any, for expenses
2-26     incurred by him, and not to the State for any fees earned by him in
2-27     connection with the rearresting of an accused who has violated the
 3-1     conditions of his bond.
 3-2           SECTION 2.  Article 22.05, Code of Criminal Procedure, is
 3-3     amended to read as follows:
 3-4           Art. 22.05.  CITATION AS IN CIVIL ACTIONS.  Sureties shall be
 3-5     entitled to notice by service of citation[, the length of time and]
 3-6     in the manner required in civil actions, except that the citation
 3-7     shall require the sureties to answer within the time period
 3-8     provided by Article 22.11.  The [; and the] officer executing the
 3-9     citation shall return the same as in civil actions.  It shall not
3-10     be necessary to give notice to the defendant unless he has
3-11     furnished his address on the bond, in which event notice to the
3-12     defendant shall be deposited in the United States mail directed to
3-13     the defendant at the address shown on the bond.
3-14           SECTION 3.  Article 22.11, Code of Criminal Procedure, is
3-15     amended to read as follows:
3-16           Art. 22.11.  SURETIES MAY ANSWER.  After the forfeiture of
3-17     the bond, if the sureties, if any, have been duly notified, the
3-18     sureties, if any, may answer in writing and show cause why the
3-19     defendant did not appear, which answer may be filed not later than
3-20     12 months after the date citation is served on the sureties [within
3-21     the time limited for answering in other civil actions].
3-22           SECTION 4.  Article 22.15, Code of Criminal Procedure, is
3-23     amended to read as follows:
3-24           Art. 22.15.  JUDGMENT FINAL BY DEFAULT.  When the sureties
3-25     have been duly cited and fail to answer, and the principal also
3-26     fails to answer within the time period provided by Article 22.11
3-27     [limited for answering in other civil actions], the court shall
 4-1     enter judgment final by default.
 4-2           SECTION 5.  Articles 22.16(a), (c), (d), and (e), Code of
 4-3     Criminal Procedure, are amended to read as follows:
 4-4           (a)  After forfeiture of a bond and before entry of final
 4-5     judgment [the expiration of the time limits set by Subsection (c)
 4-6     of  this article], the court shall, on written motion, remit to the
 4-7     surety the amount of the bond after deducting the costs of court
 4-8     and[,] any necessary and reasonable costs to the county for the
 4-9     return of the principal on the charge specified in the bond[, and
4-10     the interest  accrued on the bond amount as provided by Subsection
4-11     (e) of this article] if:
4-12                 (1)  the principal is incarcerated in the county in
4-13     which the prosecution is pending;
4-14                 (2)  the principal is incarcerated in another
4-15     jurisdiction and the incarceration is verified as provided by
4-16     Subsection (b) of this article;
4-17                 (3)  the principal is released on new bail in the case;
4-18                 (4)  the principal is deceased; or
4-19                 (5)  the case for which bond was given is dismissed.
4-20           (c)  A final judgment may be entered against a bond not
4-21     earlier than 12[:]
4-22                 [(1)  nine] months after the date citation [the
4-23     forfeiture] was served on the sureties [entered, if the offense for
4-24     which the bond was given is a misdemeanor; or]
4-25                 [(2)  18 months after the date the forfeiture was
4-26     entered, if the offense for which the bond was given is a felony].
4-27           (d)  For good cause shown [After the expiration of the time
 5-1     limits set by Subsection (c) of this article and] before the entry
 5-2     of a final judgment against the bond, the court in its discretion
 5-3     may remit to the surety all or part of the amount of the bond after
 5-4     deducting the costs of court and[,] any necessary and reasonable
 5-5     expenses [costs] to the county for the return of the principal on
 5-6     the charge specified in[, and the interest accrued on] the bond
 5-7     [amount as provided by Subsection (e) of this article].
 5-8           (e)  Interest does not accrue on the amount of a forfeited
 5-9     bond.  For the purposes of this subsection [article], interest  on
5-10     the amount of a forfeited bond includes prejudgment and
5-11     postjudgment interest [accrues on the bond amount from the date of
5-12     forfeiture in the same manner and at the same rate as provided for
5-13     the accrual of prejudgment interest in civil cases].
5-14           SECTION 6.  This Act takes effect September 1, 1999.  The
5-15     change in law made by this Act applies only to a bail bond executed
5-16     on or after the effective date of this Act.  A bail bond executed
5-17     before the effective date of this Act is covered by the law in
5-18     effect when the bail bond was executed, and the former law is
5-19     continued in effect for that purpose.
5-20           SECTION 7.  The importance of this legislation and the
5-21     crowded condition of the calendars in both houses create an
5-22     emergency and an imperative public necessity that the
5-23     constitutional rule requiring bills to be read on three several
5-24     days in each house be suspended, and this rule is hereby suspended.