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 procedures relating to a bond; providing a criminal
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. Subsection (a), Article 17.19, Code of Criminal
3-10 Procedure, is amended to read as follows:
3-11 (a) Any surety, desiring to surrender his principal and
3-12 after notifying the principal's attorney, if the principal is
3-13 represented by an attorney, in a manner provided by Rule 21a, Texas
3-14 Rules of Civil Procedure, of the surety's intention to surrender
3-15 the principal, may file an affidavit of such intention before the
3-16 court or magistrate before which the prosecution is pending. The
3-17 affidavit must state [the]:
3-18 (1) the court and cause number of the case;
3-19 (2) the name of the defendant;
3-20 (3) the offense with which the defendant is charged;
3-21 (4) the date of the bond; [and]
3-22 (5) the cause for the surrender; and
3-23 (6) that notice of the surety's intention to surrender
3-24 the principal has been given as required by this subsection.
3-25 SECTION 4. Article 22.10, Code of Criminal Procedure, is
3-26 amended to read as follows:
4-1 Art. 22.10. SCIRE FACIAS DOCKET. When a forfeiture has been
4-2 declared upon a bond, the court or clerk shall docket the case upon
4-3 the scire facias or upon the civil docket, in the name of the State
4-4 of Texas, as plaintiff, and the principal and his sureties, if any,
4-5 as defendants; and, except as otherwise provided by this chapter,
4-6 the proceedings had therein shall be governed by the same rules
4-7 governing other civil suits.
4-8 SECTION 5. Article 22.125, Code of Criminal Procedure, is
4-9 amended to read as follows:
4-10 Art. 22.125. Powers of the court. After a judicial
4-11 declaration of forfeiture is entered, the court may proceed with
4-12 the trial required by Article 22.14 of this code. The court may
4-13 exonerate the defendant and his sureties, if any, from liability on
4-14 the forfeiture, remit the amount of the forfeiture, or set aside
4-15 the forfeiture only as expressly provided by this chapter. The
4-16 court may approve any proposed settlement of the liability on the
4-17 forfeiture that is agreed to by the state and by the defendant or
4-18 the defendant's sureties, if any.
4-19 SECTION 6. Chapter 22, Code of Criminal Procedure, is
4-20 amended by adding Article 22.18 to read as follows:
4-21 Art. 22.18. LIMITATION. An action by the state to forfeit a
4-22 bail bond under this chapter must be brought not later than the
4-23 fourth anniversary of the date the principal fails to appear in
4-24 court.
4-25 SECTION 7. Article 23.05, Code of Criminal Procedure, is
4-26 amended to read as follows:
5-1 Art. 23.05. CAPIAS AFTER FORFEITURE. (a) Where a
5-2 forfeiture of bail is declared, a capias shall be immediately
5-3 issued for the arrest of the defendant, and when arrested, in its
5-4 discretion, the court may require the defendant, in order to be
5-5 released from custody, to deposit with the custodian of funds of
5-6 the court in which the prosecution is pending current money of the
5-7 United States in the amount of the new bond as set by the court, in
5-8 lieu of a surety bond, unless the forfeiture taken has been set
5-9 aside under the third subdivision of Article 22.13 of this code, in
5-10 which case the defendant and his sureties shall remain bound under
5-11 the same bail.
5-12 (b) A capias issued under this article may be executed by a
5-13 peace officer or by a private investigator licensed under the
5-14 Private Investigators and Private Security Agencies Act (Article
5-15 4413 (29bb), Vernon's Texas Civil Statutes).
5-16 SECTION 8. Subchapter C, Private Investigators and Private
5-17 Security Agencies Act (Article 4413 (29bb), Vernon's Texas Civil
5-18 Statutes), is amended by adding Section 43A to read as follows:
5-19 Sec. 43A. EXECUTION OF CAPIAS OR ARREST WARRANT ON BEHALF OF
5-20 SURETY ON BAIL BOND; OFFENSE. (a) A private investigator
5-21 executing a capias or an arrest warrant on behalf of a surety on a
5-22 bail bond may not:
5-23 (1) enter a residence without the consent of the
5-24 occupants;
5-25 (2) execute the capias or warrant without written
5-26 authorization from the surety;
6-1 (3) wear, carry, or display any uniform, badge,
6-2 shield, or other insignia or emblem that implies that the private
6-3 investigator is an employee, officer, or agent of the federal
6-4 government, the state, or a political subdivision of the state; or
6-5 (4) notwithstanding Section 9.51, Penal Code, use
6-6 deadly force.
6-7 (b) Notwithstanding Subsection (a)(3) of this section, a
6-8 private investigator may display identification that indicates that
6-9 the person is acting on behalf of a surety on a bail bond.
6-10 (c) A private investigator executing a capias or an arrest
6-11 warrant on behalf of a surety on a bail bond shall immediately take
6-12 the person arrested to:
6-13 (1) if the arrest is made in the county in which the
6-14 capias or warrant was issued:
6-15 (A) the county jail for that county if:
6-16 (i) the offense is a Class A or Class B
6-17 misdemeanor or a felony; or
6-18 (ii) the offense is a Class C misdemeanor
6-19 and the capias or warrant was issued by a magistrate of that
6-20 county; or
6-21 (B) the municipal jail for the appropriate
6-22 municipality if the offense is a Class C misdemeanor and the capias
6-23 or 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 capias or warrant was issued, the county jail
6-26 for the county in which the arrest is 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. (a) This Act takes effect September 1, 1999.
7-4 (b) The changes in law made by Sections 1, 2, 4, 5, and 6 of
7-5 this Act apply only to a bail bond executed on or after September
7-6 1, 1999. A bail bond executed before September 1, 1999, is covered
7-7 by the law in effect when the bail bond was executed, and the
7-8 former law is continued in effect for that purpose.
7-9 (c) The changes in law made by Sections 7 and 8 of this Act
7-10 apply only to a capias or an arrest warrant issued on or after
7-11 September 1, 1999.
7-12 SECTION 10. The importance of this legislation and the
7-13 crowded condition of the calendars in both houses create an
7-14 emergency and an imperative public necessity that the
7-15 constitutional rule requiring bills to be read on three several
7-16 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 403 passed the Senate on
April 30, 1999, by a viva-voce vote; and that the Senate concurred
in House amendments on May 28, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 403 passed the House, with
amendments, on May 26, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor