76R13276 T
By Hinojosa H.B. No. 1481
Substitute the following for H.B. No. 1481:
By Hinojosa C.S.H.B. No. 1481
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, but in no event shall the sureties be bound after
2-3 such time as the defendant receives an order of deferred
2-4 adjudication or is acquitted, sentenced, placed on community
2-5 supervision, or dismissed from the charge;
2-6 6. The bond shall be conditioned that the principal
2-7 and sureties, if any, are liable to this state for the principal
2-8 amount of the bond in the event the principal fails to appear at
2-9 the time and place required by a court or magistrate, provided that
2-10 if the principal is presented to the court or magistrate, or is
2-11 incarcerated in any jurisdiction, not later than nine months after
2-12 the failure to appear, the sureties are liable to pay only the
2-13 necessary and reasonable expenses to rearrest the principal as
2-14 provided by Subdivision 7, interest as provided in this Article,
2-15 and costs of court;
2-16 7. The bond shall also be conditioned that the
2-17 principal and sureties, if any, will pay all necessary and
2-18 reasonable expenses incurred by any and all sheriffs or other peace
2-19 officers in rearresting the principal in the event he fails to
2-20 appear before the court or magistrate named in the bond at the time
2-21 stated therein. The amount of such expense shall be in addition to
2-22 the principal amount specified in the bond. The failure of any
2-23 bail bond to contain the conditions specified in this paragraph
2-24 shall in no manner affect the legality of any such bond, but it is
2-25 intended that the sheriff or other peace officer shall look to the
2-26 defendant and his sureties, if any, for expenses incurred by him,
2-27 and not to the State for any fees earned by him in connection with
3-1 the rearresting of an accused who has violated the conditions of
3-2 his bond.
3-3 SECTION 2. Section 2, Article 17.11, Code of Criminal
3-4 Procedure is amended to read as follows:
3-5 Sec. 2. Provided, however, any person who has signed as a
3-6 surety on a bail bond and is in default thereon shall thereafter be
3-7 disqualified to sign as a surety so long as he is in default on
3-8 said bond. It shall be the duty of the clerk of the court wherein
3-9 such surety is in default on a bail bond, to notify in writing the
3-10 sheriff, chief of police, or other peace officer, of such default.
3-11 A surety shall be deemed in default from the time execution may be
3-12 issued on a final judgment in a bond forfeiture proceeding under
3-13 the Texas Rules of Civil Procedure unless the final judgment is
3-14 superseded by the posting of a supersedeas bond [the trial court
3-15 enters its final judgment on the scire facias until such judgment
3-16 is satisfied or set aside].
3-17 SECTION 3. Article 22.05, Code of Criminal Procedure is
3-18 amended to read as follows:
3-19 Art. 22.05. CITATION [AS IN CIVIL ACTIONS]. Sureties shall
3-20 be entitled to notice by service of citation. The surety shall
3-21 designate in writing with the clerk of the court the name and
3-22 address of the person authorized by that surety to accept service
3-23 of citation on bonds executed in that county. Citation shall be
3-24 served by certified mail, return receipt requested, to the person
3-25 that the surety has designated. If the citation is undeliverable
3-26 or refused or if the surety fails to designate such a person, the
3-27 clerk of the court shall be deemed to have accepted service for the
4-1 surety on the date when citation was mailed. [, the length of time
4-2 and in the manner required in civil actions; and the officer
4-3 executing the citation shall return the same as in civil actions.]
4-4 It shall not be necessary to give notice to the defendant unless he
4-5 has furnished his address on the bond, in which event notice to the
4-6 defendant shall be deposited in the United States mail directed to
4-7 the defendant at the address shown on the bond.
4-8 SECTION 4. Article 22.10, Code of Criminal Procedure, is
4-9 amended to read as follows:
4-10 Art. 22.10. SCIRE FACIAS DOCKET. When a forfeiture has been
4-11 declared upon a bond, the court or clerk shall docket the case upon
4-12 the scire facias or upon the civil docket, in the name of the State
4-13 of Texas, as plaintiff, and the principal and his sureties, if any,
4-14 as defendants; and, except as otherwise provided by this chapter,
4-15 the proceedings had therein shall be governed by the same rules
4-16 governing other civil suits.
4-17 SECTION 5. Article 22.11, Code of Criminal Procedure, is
4-18 amended to read as follows:
4-19 Art. 22.11. SURETIES MAY ANSWER. After the forfeiture of
4-20 the bond, if the sureties, if any, have been duly notified, the
4-21 sureties, if any, may answer in writing and show cause why the
4-22 defendant did not appear, which answer may be filed not later than
4-23 nine months after the date citation is mailed to the sureties
4-24 [within the time limited for answering in other civil actions].
4-25 SECTION 6. Article 22.125, Code of Criminal Procedure, is
4-26 amended to read as follows:
4-27 Art. 22.125. Powers of the court. After a judicial
5-1 declaration of forfeiture is entered, the court may proceed with
5-2 the trial required by Article 22.14 of this code. The court may
5-3 exonerate the defendant and his sureties, if any, from liability on
5-4 the forfeiture, remit the amount of the forfeiture, or set aside
5-5 the forfeiture only as expressly provided by this chapter. The
5-6 court may approve any proposed settlement of the liability on the
5-7 forfeiture agreed to by the state and the defendant or the
5-8 defendant's sureties, if any.
5-9 SECTION 7. Article 22.15, Code of Criminal Procedure, is
5-10 amended to read as follows:
5-11 Art. 22.15. JUDGMENT FINAL BY DEFAULT. When the sureties
5-12 have been duly cited and fail to answer, and the principal also
5-13 fails to answer within the time period provided by Article 22.11
5-14 [limited for answering in other civil actions], the court shall
5-15 enter judgment final by default.
5-16 SECTION 8. Articles 22.16, Code of Criminal Procedure, is
5-17 amended to read as follows:
5-18 Art. 22.16. REMITTITUR AFTER FORFEITURE. (a) After
5-19 forfeiture of a bond and before entry of final judgment [the
5-20 expiration of the time limits set by Subsection (c) of this
5-21 article], the court shall, on written motion, remit to the surety
5-22 the amount of the bond after deducting the costs of court, any
5-23 necessary and reasonable costs to the county for the return of the
5-24 principal, and the interest accrued on the bond amount as provided
5-25 by Subsection (d) [(e)] of this article if:
5-26 (1) the principal is incarcerated in the county in
5-27 which the prosecution is pending;
6-1 (2) the principal is incarcerated in another
6-2 jurisdiction and the incarceration is verified as provided by
6-3 Subsection (b) of this article;
6-4 (3) the principal is released on new bail in the case;
6-5 (4) the principal is deceased; or
6-6 (5) the case for which bond was given is dismissed.
6-7 (b) For the purposes of Subsection (a)(2) of this article, a
6-8 surety may request confirmation of the incarceration of his
6-9 principal by written request to the law enforcement agency of the
6-10 county where prosecution is pending. A law enforcement agency in
6-11 this state that receives a request for verification shall notify
6-12 the court in which prosecution is pending and the surety whether or
6-13 not the principal is or has been incarcerated in another
6-14 jurisdiction and the date of the incarceration.
6-15 (c) [A final judgment may be entered against a bond not
6-16 earlier than:]
6-17 [(1) nine months after the date the forfeiture was
6-18 entered, if the offense for which the bond was given is a
6-19 misdemeanor; or]
6-20 [(2) 18 months after the date the forfeiture was
6-21 entered, if the offense for which the bond was given is a felony.]
6-22 [(d)] For other good cause shown [After the expiration of
6-23 the time limits set by Subsection (c) of this article and] before
6-24 the entry of a final judgment against the bond, the court in its
6-25 discretion may remit to the surety all or part of the amount of the
6-26 bond after deducting the costs of court, any necessary and
6-27 reasonable costs to the county for the return of the principal, and
7-1 the interest accrued on the bond amount as provided by Subsection
7-2 (d) [(e)] of this article.
7-3 (d) [(e)] For the purposes of this article, interest accrues
7-4 on the bond amount from the date of forfeiture in the same manner
7-5 and at the same rate as provided for the accrual of prejudgment
7-6 interest in civil cases.
7-7 SECTION 9. Chapter 22, Code of Criminal Procedure, is
7-8 amended by adding Article 22.18 to read as follows:
7-9 Art. 22.18. LIMITATION. An action by the state to forfeit a
7-10 bail bond under this chapter must be brought not later than the
7-11 fourth anniversary of the date the principal failed to appear in
7-12 court.
7-13 SECTION 10. Article 23.05, Code of Criminal Procedure is
7-14 amended to read as follows:
7-15 Art. 23.05. CAPIAS AFTER FORFEITURE. (a) Where a
7-16 forfeiture of bail is declared, a capias shall be immediately
7-17 issued for the arrest of the defendant, and when arrested, in its
7-18 discretion, the court may require the defendant, in order to be
7-19 released from custody, to deposit with the custodian of funds of
7-20 the court in which the prosecution is pending current money of the
7-21 United States in the amount of the new bond as set by the court, in
7-22 lieu of a surety bond, unless the forfeiture taken has been set
7-23 aside under the third subdivision of Article 22.13 of this code, in
7-24 which case the defendant and his sureties shall remain bound under
7-25 the same bail.
7-26 (b) A capias issued under this article may be executed by a
7-27 peace officer or a private investigator licensed under the Private
8-1 Investigators and Private Security Agencies Act (Article 4413
8-2 (29bb), Vernon's Texas Civil Statutes.
8-3 SECTION 11. Subchapter C, Private Investigators and Private
8-4 Security Agencies Act (Article 4413 (29bb), Vernon's Texas Civil
8-5 Statutes), is amended by adding Section 43A to read as follows:
8-6 Sec. 43A. EXECUTION OF ARREST WARRANT ON BEHALF OF SURETY ON
8-7 BAIL BOND; OFFENSE. (a) A private investigator executing an
8-8 arrest warrant on behalf of a surety on a bail bond may not:
8-9 (1) enter a residence without the consent of the
8-10 occupants;
8-11 (2) execute the warrant without written authorization
8-12 from the surety;
8-13 (3) wear, carry, or display any uniform, badge,
8-14 shield, or other insignia or emblem that implies that the private
8-15 investigator is an employee, officer, or agent of the federal
8-16 government, the state or a political subdivision of the state; or
8-17 (4) notwithstanding Section 9.51, Penal Code, use
8-18 force.
8-19 (b) Notwithstanding Subsection (a)(3) of this section, a
8-20 private investigator may display identification that indicates that
8-21 the person is acting on behalf of a surety on a bail bond.
8-22 (c) A private investigator executing a capias on behalf of a
8-23 surety on a bail bond shall immediately take the person arrested
8-24 to:
8-25 (1) if the arrest is made in the county in which the
8-26 warrant was issued:
8-27 (A) the county jail for that county if:
9-1 (i) the offense is a Class A or Class B
9-2 misdemeanor or a felony; or
9-3 (ii) the offense is a Class C misdemeanor
9-4 and the warrant was issued by a magistrate of that county; or
9-5 (B) the municipal jail for the appropriate
9-6 municipality if the offense is a Class C misdemeanor and the
9-7 warrant was issued by a magistrate of the municipality; or
9-8 (2) if the arrest is made in a county other than the
9-9 county in which the warrant was issued, the county jail for the
9-10 county in which the arrest was made.
9-11 (d) A person commits an offense if the person violates this
9-12 section. An offense under this section is a state jail felony.
9-13 SECTION 12. The change in law made by Sections 1 through 8
9-14 of this Act applies only to a bail bond executed on or after the
9-15 effective date of this Act. A bail bond executed before the
9-16 effective date of this Act is covered by the law in effect when the
9-17 bail bond was executed, and the former law is continued in effect
9-18 for that purpose.
9-19 SECTION 13. The importance of this legislation and the
9-20 crowded condition of the calendars in both houses create an
9-21 emergency and an imperative public necessity that the
9-22 constitutional rule requiring bills to be read on three several
9-23 days in each house be suspended, and this rule is hereby suspended.