By Talton H.B. No. 884
76R3004 JMC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a private investigator or security
1-3 officer to execute a capias issued after a forfeiture of bail.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 23.05, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 23.05. CAPIAS AFTER FORFEITURE. (a) Where a
1-8 forfeiture of bail is declared, a capias shall be immediately
1-9 issued for the arrest of the defendant, and when arrested, in its
1-10 discretion, the court may require the defendant, in order to be
1-11 released from custody, to deposit with the custodian of funds of
1-12 the court in which the prosecution is pending current money of the
1-13 United States in the amount of the new bond as set by the court, in
1-14 lieu of a surety bond, unless the forfeiture taken has been set
1-15 aside under the third subdivision of Article 22.13 of this code, in
1-16 which case the defendant and his sureties shall remain bound under
1-17 the same bail.
1-18 (b) A capias issued under this article may be executed by a
1-19 peace officer or a private investigator or security officer
1-20 licensed under the Private Investigators and Private Security
1-21 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes).
1-22 SECTION 2. This Act takes effect September 1, 1999, and
1-23 applies only to a capias issued under Article 23.05, Code of
1-24 Criminal Procedure, as amended by this Act, on or after that date.
2-1 SECTION 3. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended.