By: Armbrister S.B. No. 403
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the liability of a criminal defendant and the
1-2 defendant's sureties on a personal bond or a bail bond and to
1-3 certain arrests made in connection with a bond; providing a
1-4 penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 17.08, Code of Criminal Procedure, is
1-7 amended to read as follows:
1-8 Art. 17.08. REQUISITES OF A BAIL BOND. A bail bond must
1-9 [shall be sufficient if it] contain the following requisites:
1-10 1. That it be made payable to "The State of Texas";
1-11 2. That the defendant and his sureties, if any, bind
1-12 themselves that the defendant will appear before the proper court
1-13 or magistrate to answer the accusation against him;
1-14 3. If the defendant is charged with a felony, that it
1-15 state that he is charged with a felony. If the defendant is
1-16 charged with a misdemeanor, that it state that he is charged with a
1-17 misdemeanor;
1-18 4. That the bond be signed by name or mark by the
1-19 principal and sureties, if any, each of whom shall write thereon
1-20 his mailing address;
1-21 5. That the bond state the time and place, when and
1-22 where the accused binds himself to appear, and the court or
1-23 magistrate before whom he is to appear. The bond shall also bind
1-24 the defendant to appear before any court or magistrate before whom
2-1 the cause may thereafter be pending at any time when, and place
2-2 where, his presence may be required under this Code or by any court
2-3 or magistrate, but in no event shall the sureties be bound after
2-4 such time as the defendant receives an order of deferred
2-5 adjudication or is acquitted, sentenced, placed on community
2-6 supervision, or dismissed from the charge;
2-7 6. The bond shall also be conditioned that the
2-8 principal and sureties, if any, will pay all necessary and
2-9 reasonable expenses incurred by any and all sheriffs or other peace
2-10 officers in rearresting the principal in the event he fails to
2-11 appear before the court or magistrate named in the bond at the time
2-12 stated therein. The amount of such expense shall be in addition to
2-13 the principal amount specified in the bond. The failure of any
2-14 bail bond to contain the conditions specified in this paragraph
2-15 shall in no manner affect the legality of any such bond, but it is
2-16 intended that the sheriff or other peace officer shall look to the
2-17 defendant and his sureties, if any, for expenses incurred by him,
2-18 and not to the State for any fees earned by him in connection with
2-19 the rearresting of an accused who has violated the conditions of
2-20 his bond.
2-21 SECTION 2. Section 2, Article 17.11, Code of Criminal
2-22 Procedure, is amended to read as follows:
2-23 Sec. 2. Provided, however, any person who has signed as a
2-24 surety on a bail bond and is in default thereon shall thereafter be
2-25 disqualified to sign as a surety so long as he is in default on
2-26 said bond. It shall be the duty of the clerk of the court wherein
3-1 such surety is in default on a bail bond, to notify in writing the
3-2 sheriff, chief of police, or other peace officer, of such default.
3-3 A surety shall be deemed in default from the time execution may be
3-4 issued on a final judgment in a bond forfeiture proceeding under
3-5 the Texas Rules of Civil Procedure unless the final judgment is
3-6 superseded by the posting of a supersedeas bond [the trial court
3-7 enters its final judgment on the scire facias until such judgment
3-8 is satisfied or set aside].
3-9 SECTION 3. Article 22.05, Code of Criminal Procedure, is
3-10 amended to read as follows:
3-11 Art. 22.05. CITATION [AS IN CIVIL ACTIONS]. Sureties shall
3-12 be entitled to notice by service of citation. The surety shall
3-13 designate in writing with the clerk of the court the name and
3-14 address of the person authorized by that surety to accept service
3-15 of citation on bonds executed in that county. Citation shall be
3-16 served by certified mail, return receipt requested, to the person
3-17 that the surety has designated. If the citation is undeliverable
3-18 or refused or if the surety fails to designate such a person, the
3-19 clerk of the court shall be deemed to have accepted service for the
3-20 surety on the date citation was mailed[, the length of time and in
3-21 the manner required in civil actions; and the officer executing the
3-22 citation shall return the same as in civil actions]. It shall not
3-23 be necessary to give notice to the defendant unless he has
3-24 furnished his address on the bond, in which event notice to the
3-25 defendant shall be deposited in the United States mail directed to
3-26 the defendant at the address shown on the bond.
4-1 SECTION 4. Article 22.10, Code of Criminal Procedure, is
4-2 amended to read as follows:
4-3 Art. 22.10. SCIRE FACIAS DOCKET. When a forfeiture has been
4-4 declared upon a bond, the court or clerk shall docket the case upon
4-5 the scire facias or upon the civil docket, in the name of the State
4-6 of Texas, as plaintiff, and the principal and his sureties, if any,
4-7 as defendants; and, except as otherwise provided by this chapter,
4-8 the proceedings had therein shall be governed by the same rules
4-9 governing other civil suits.
4-10 SECTION 5. Article 22.125, Code of Criminal Procedure, is
4-11 amended to read as follows:
4-12 Art. 22.125. Powers of the court. After a judicial
4-13 declaration of forfeiture is entered, the court may proceed with
4-14 the trial required by Article 22.14 of this code. The court may
4-15 exonerate the defendant and his sureties, if any, from liability on
4-16 the forfeiture, remit the amount of the forfeiture, or set aside
4-17 the forfeiture only as expressly provided by this chapter. The
4-18 court may approve any proposed settlement of the liability on the
4-19 forfeiture agreed to by the state and the defendant or the
4-20 defendant's sureties, if any.
4-21 SECTION 6. Chapter 22, Code of Criminal Procedure, is
4-22 amended by adding Article 22.18 to read as follows:
4-23 Art. 22.18. LIMITATION. An action by the state to forfeit a
4-24 bail bond under this chapter must be brought not later than the
4-25 fourth anniversary of the date the principal failed to appear in
4-26 court.
5-1 SECTION 7. Article 23.05, Code of Criminal Procedure, is
5-2 amended to read as follows:
5-3 Art. 23.05. CAPIAS AFTER FORFEITURE. (a) Where a
5-4 forfeiture of bail is declared, a capias shall be immediately
5-5 issued for the arrest of the defendant, and when arrested, in its
5-6 discretion, the court may require the defendant, in order to be
5-7 released from custody, to deposit with the custodian of funds of
5-8 the court in which the prosecution is pending current money of the
5-9 United States in the amount of the new bond as set by the court, in
5-10 lieu of a surety bond, unless the forfeiture taken has been set
5-11 aside under the third subdivision of Article 22.13 of this code, in
5-12 which case the defendant and his sureties shall remain bound under
5-13 the same bail.
5-14 (b) A capias issued under this article may be executed by a
5-15 peace officer or a private investigator licensed under the Private
5-16 Investigators and Private Security Agencies Act (Article 4413
5-17 (29bb), Vernon's Texas Civil Statutes).
5-18 SECTION 8. Subchapter C, Private Investigators and Private
5-19 Security Agencies Act (Article 4413 (29bb), Vernon's Texas Civil
5-20 Statutes), is amended by adding Section 43A to read as follows:
5-21 Sec. 43A. EXECUTION OF ARREST WARRANT ON BEHALF OF SURETY ON
5-22 BAIL BOND; OFFENSE. (a) A private investigator executing an
5-23 arrest warrant on behalf of a surety on a bail bond may not:
5-24 (1) enter a residence without the consent of the
5-25 occupants;
5-26 (2) execute the warrant without written authorization
6-1 from the surety;
6-2 (3) wear, carry, or display any uniform, badge,
6-3 shield, or other insignia or emblem that implies that the private
6-4 investigator is an employee, officer, or agent of the federal
6-5 government, the state, or a political subdivision of the state; or
6-6 (4) notwithstanding Section 9.51, Penal Code, use
6-7 force.
6-8 (b) Notwithstanding Subsection (a)(3) of this section, a
6-9 private investigator may display identification that indicates that
6-10 the person is acting on behalf of a surety on a bail bond.
6-11 (c) A private investigator executing a capias on behalf of a
6-12 surety on a bail bond shall immediately take the person arrested
6-13 to:
6-14 (1) if the arrest is made in the county in which the
6-15 warrant was issued:
6-16 (A) the county jail for that county if:
6-17 (i) the offense is a Class A or Class B
6-18 misdemeanor or a felony; or
6-19 (ii) the offense is a Class C misdemeanor
6-20 and the warrant was issued by a magistrate of that county; or
6-21 (B) the municipal jail for the appropriate
6-22 municipality if the offense is a Class C misdemeanor and the
6-23 warrant was issued by a magistrate of the municipality; or
6-24 (2) if the arrest is made in a county other than the
6-25 county in which the warrant was issued, the county jail for the
6-26 county in which the arrest was made.
7-1 (d) A person commits an offense if the person violates this
7-2 section. An offense under this section is a state jail felony.
7-3 SECTION 9. The change in law made by Sections 1 through 7 of
7-4 this Act applies only to a bail bond executed on or after the
7-5 effective date of this Act. A bail bond executed before the
7-6 effective date of this Act is covered by the law in effect when the
7-7 bail bond was executed, and the former law is continued in effect
7-8 for that purpose.
7-9 SECTION 10. The importance of this legislation and the
7-10 crowded condition of the calendars in both houses create an
7-11 emergency and an imperative public necessity that the
7-12 constitutional rule requiring bills to be read on three several
7-13 days in each house be suspended, and this rule is hereby suspended.