By Armbrister S.B. No. 403
Substitute the following for S.B. No. 403:
By Hinojosa C.S.S.B. No. 403
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 also be conditioned that the
2-7 principal and sureties, if any, will pay all necessary and
2-8 reasonable expenses incurred by any and all sheriffs or other peace
2-9 officers in rearresting the principal in the event he fails to
2-10 appear before the court or magistrate named in the bond at the time
2-11 stated therein. The amount of such expense shall be in addition to
2-12 the principal amount specified in the bond. The failure of any
2-13 bail bond to contain the conditions specified in this paragraph
2-14 shall in no manner affect the legality of any such bond, but it is
2-15 intended that the sheriff or other peace officer shall look to the
2-16 defendant and his sureties, if any, for expenses incurred by him,
2-17 and not to the State for any fees earned by him in connection with
2-18 the rearresting of an accused who has violated the conditions of
2-19 his bond.
2-20 SECTION 2. Section 2, Article 17.11, Code of Criminal
2-21 Procedure, is amended to read as follows:
2-22 Sec. 2. Provided, however, any person who has signed as a
2-23 surety on a bail bond and is in default thereon shall thereafter be
2-24 disqualified to sign as a surety so long as he is in default on
2-25 said bond. It shall be the duty of the clerk of the court wherein
2-26 such surety is in default on a bail bond, to notify in writing the
2-27 sheriff, chief of police, or other peace officer, of such default.
3-1 A surety shall be deemed in default from the time execution may be
3-2 issued on a final judgment in a bond forfeiture proceeding under
3-3 the Texas Rules of Civil Procedure, unless the final judgment is
3-4 superseded by the posting of a supersedeas bond [the trial court
3-5 enters its final judgment on the scire facias until such judgment
3-6 is satisfied or set aside].
3-7 SECTION 3. Article 22.10, Code of Criminal Procedure, is
3-8 amended to read as follows:
3-9 Art. 22.10. SCIRE FACIAS DOCKET. When a forfeiture has been
3-10 declared upon a bond, the court or clerk shall docket the case upon
3-11 the scire facias or upon the civil docket, in the name of the State
3-12 of Texas, as plaintiff, and the principal and his sureties, if any,
3-13 as defendants; and, except as otherwise provided by this chapter,
3-14 the proceedings had therein shall be governed by the same rules
3-15 governing other civil suits.
3-16 SECTION 4. Article 22.125, Code of Criminal Procedure, is
3-17 amended to read as follows:
3-18 Art. 22.125. Powers of the court. After a judicial
3-19 declaration of forfeiture is entered, the court may proceed with
3-20 the trial required by Article 22.14 of this code. The court may
3-21 exonerate the defendant and his sureties, if any, from liability on
3-22 the forfeiture, remit the amount of the forfeiture, or set aside
3-23 the forfeiture only as expressly provided by this chapter. The
3-24 court may approve any proposed settlement of the liability on the
3-25 forfeiture that is agreed to by the state and by the defendant or
3-26 the defendant's sureties, if any.
3-27 SECTION 5. Chapter 22, Code of Criminal Procedure, is
4-1 amended by adding Article 22.18 to read as follows:
4-2 Art. 22.18. LIMITATION. An action by the state to forfeit a
4-3 bail bond under this chapter must be brought not later than the
4-4 fourth anniversary of the date the principal fails to appear in
4-5 court.
4-6 SECTION 6. Article 23.05, Code of Criminal Procedure, is
4-7 amended to read as follows:
4-8 Art. 23.05. CAPIAS AFTER FORFEITURE. (a) Where a
4-9 forfeiture of bail is declared, a capias shall be immediately
4-10 issued for the arrest of the defendant, and when arrested, in its
4-11 discretion, the court may require the defendant, in order to be
4-12 released from custody, to deposit with the custodian of funds of
4-13 the court in which the prosecution is pending current money of the
4-14 United States in the amount of the new bond as set by the court, in
4-15 lieu of a surety bond, unless the forfeiture taken has been set
4-16 aside under the third subdivision of Article 22.13 of this code, in
4-17 which case the defendant and his sureties shall remain bound under
4-18 the same bail.
4-19 (b) A capias issued under this article may be executed by a
4-20 peace officer, by a surety on the forfeited bond, or by a private
4-21 investigator licensed under the Private Investigators and Private
4-22 Security Agencies Act (Article 4413 (29bb), Vernon's Texas Civil
4-23 Statutes).
4-24 SECTION 7. Subchapter C, Private Investigators and Private
4-25 Security Agencies Act (Article 4413 (29bb), Vernon's Texas Civil
4-26 Statutes), is amended by adding Section 43A to read as follows:
4-27 Sec. 43A. EXECUTION OF CAPIAS OR ARREST WARRANT ON BEHALF OF
5-1 SURETY ON BAIL BOND; OFFENSE. (a) A private investigator
5-2 executing a capias or an arrest warrant on behalf of a surety on a
5-3 bail bond may not:
5-4 (1) enter a residence without the consent of the
5-5 occupants;
5-6 (2) execute the capias or warrant without written
5-7 authorization from the surety;
5-8 (3) wear, carry, or display any uniform, badge,
5-9 shield, or other insignia or emblem that implies that the private
5-10 investigator is an employee, officer, or agent of the federal
5-11 government, the state, or a political subdivision of the state; or
5-12 (4) notwithstanding Section 9.51, Penal Code, use
5-13 deadly force.
5-14 (b) Notwithstanding Subsection (a)(3) of this section, a
5-15 private investigator may display identification that indicates that
5-16 the person is acting on behalf of a surety on a bail bond.
5-17 (c) A private investigator executing a capias or an arrest
5-18 warrant on behalf of a surety on a bail bond shall immediately take
5-19 the person arrested to:
5-20 (1) if the arrest is made in the county in which the
5-21 capias or warrant was issued:
5-22 (A) the county jail for that county if:
5-23 (i) the offense is a Class A or Class B
5-24 misdemeanor or a felony; or
5-25 (ii) the offense is a Class C misdemeanor
5-26 and the capias or warrant was issued by a magistrate of that
5-27 county; or
6-1 (B) the municipal jail for the appropriate
6-2 municipality if the offense is a Class C misdemeanor and the capias
6-3 or warrant was issued by a magistrate of the municipality; or
6-4 (2) if the arrest is made in a county other than the
6-5 county in which the capias or warrant was issued, the county jail
6-6 for the county in which the arrest is made.
6-7 (d) A person commits an offense if the person violates this
6-8 section. An offense under this section is a state jail felony.
6-9 SECTION 8. (a) This Act takes effect September 1, 1999.
6-10 (b) The changes in law made by SECTIONS 1-5 of this Act
6-11 apply only to a bail bond executed on or after September 1, 1999.
6-12 A bail bond executed before September 1, 1999, is covered by the
6-13 law in effect when the bail bond was executed, and the former law
6-14 is continued in effect for that purpose.
6-15 (c) The change in law made by SECTIONS 6 and 7 of this Act
6-16 applies only to a capias or an arrest warrant issued on or after
6-17 September 1, 1999.
6-18 SECTION 9. The importance of this legislation and the
6-19 crowded condition of the calendars in both houses create an
6-20 emergency and an imperative public necessity that the
6-21 constitutional rule requiring bills to be read on three several
6-22 days in each house be suspended, and this rule is hereby suspended.