1-1 By: Armbrister S.B. No. 403
1-2 (In the Senate - Filed February 4, 1999; February 8, 1999,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 26, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 26, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 403 By: Armbrister
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the liability of a criminal defendant and the
1-11 defendant's sureties on a personal bond or a bail bond and to
1-12 certain arrests made in connection with a bond; providing a
1-13 penalty.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Article 17.08, Code of Criminal Procedure, is
1-16 amended to read as follows:
1-17 Art. 17.08. REQUISITES OF A BAIL BOND. A bail bond must
1-18 [shall be sufficient if it] contain the following requisites:
1-19 1. That it be made payable to "The State of Texas";
1-20 2. That the defendant and his sureties, if any, bind
1-21 themselves that the defendant will appear before the proper court
1-22 or magistrate to answer the accusation against him;
1-23 3. If the defendant is charged with a felony, that it
1-24 state that he is charged with a felony. If the defendant is
1-25 charged with a misdemeanor, that it state that he is charged with a
1-26 misdemeanor;
1-27 4. That the bond be signed by name or mark by the
1-28 principal and sureties, if any, each of whom shall write thereon
1-29 his mailing address;
1-30 5. That the bond state the time and place, when and
1-31 where the accused binds himself to appear, and the court or
1-32 magistrate before whom he is to appear. The bond shall also bind
1-33 the defendant to appear before any court or magistrate before whom
1-34 the cause may thereafter be pending at any time when, and place
1-35 where, his presence may be required under this Code or by any court
1-36 or magistrate, but in no event shall the sureties be bound after
1-37 such time as the defendant receives an order of deferred
1-38 adjudication or is acquitted, sentenced, placed on community
1-39 supervision, or dismissed from the charge;
1-40 6. The bond shall also be conditioned that the
1-41 principal and sureties, if any, will pay all necessary and
1-42 reasonable expenses incurred by any and all sheriffs or other peace
1-43 officers in rearresting the principal in the event he fails to
1-44 appear before the court or magistrate named in the bond at the time
1-45 stated therein. The amount of such expense shall be in addition to
1-46 the principal amount specified in the bond. The failure of any
1-47 bail bond to contain the conditions specified in this paragraph
1-48 shall in no manner affect the legality of any such bond, but it is
1-49 intended that the sheriff or other peace officer shall look to the
1-50 defendant and his sureties, if any, for expenses incurred by him,
1-51 and not to the State for any fees earned by him in connection with
1-52 the rearresting of an accused who has violated the conditions of
1-53 his bond.
1-54 SECTION 2. Section 2, Article 17.11, Code of Criminal
1-55 Procedure, is amended to read as follows:
1-56 Sec. 2. Provided, however, any person who has signed as a
1-57 surety on a bail bond and is in default thereon shall thereafter be
1-58 disqualified to sign as a surety so long as he is in default on
1-59 said bond. It shall be the duty of the clerk of the court wherein
1-60 such surety is in default on a bail bond, to notify in writing the
1-61 sheriff, chief of police, or other peace officer, of such default.
1-62 A surety shall be deemed in default from the time execution may be
1-63 issued on a final judgment in a bond forfeiture proceeding under
1-64 the Texas Rules of Civil Procedure unless the final judgment is
2-1 superseded by the posting of a supersedeas bond [the trial court
2-2 enters its final judgment on the scire facias until such judgment
2-3 is satisfied or set aside].
2-4 SECTION 3. Article 22.05, Code of Criminal Procedure, is
2-5 amended to read as follows:
2-6 Art. 22.05. CITATION [AS IN CIVIL ACTIONS]. Sureties shall
2-7 be entitled to notice by service of citation. The surety shall
2-8 designate in writing with the clerk of the court the name and
2-9 address of the person authorized by that surety to accept service
2-10 of citation on bonds executed in that county. Citation shall be
2-11 served by certified mail, return receipt requested, to the person
2-12 that the surety has designated. If the citation is undeliverable
2-13 or refused or if the surety fails to designate such a person, the
2-14 clerk of the court shall be deemed to have accepted service for the
2-15 surety on the date citation was mailed[, the length of time and in
2-16 the manner required in civil actions; and the officer executing the
2-17 citation shall return the same as in civil actions]. It shall not
2-18 be necessary to give notice to the defendant unless he has
2-19 furnished his address on the bond, in which event notice to the
2-20 defendant shall be deposited in the United States mail directed to
2-21 the defendant at the address shown on the bond.
2-22 SECTION 4. Article 22.10, Code of Criminal Procedure, is
2-23 amended to read as follows:
2-24 Art. 22.10. SCIRE FACIAS DOCKET. When a forfeiture has been
2-25 declared upon a bond, the court or clerk shall docket the case upon
2-26 the scire facias or upon the civil docket, in the name of the State
2-27 of Texas, as plaintiff, and the principal and his sureties, if any,
2-28 as defendants; and, except as otherwise provided by this chapter,
2-29 the proceedings had therein shall be governed by the same rules
2-30 governing other civil suits.
2-31 SECTION 5. Article 22.11, Code of Criminal Procedure, is
2-32 amended to read as follows:
2-33 Art. 22.11. SURETIES MAY ANSWER. After the forfeiture of
2-34 the bond, if the sureties, if any, have been duly notified, the
2-35 sureties, if any, may answer in writing and show cause why the
2-36 defendant did not appear, which answer may be filed [within the
2-37 time limited for answering in other civil actions].
2-38 SECTION 6. Article 22.125, Code of Criminal Procedure, is
2-39 amended to read as follows:
2-40 Art. 22.125. Powers of the court. After a judicial
2-41 declaration of forfeiture is entered, the court may proceed with
2-42 the trial required by Article 22.14 of this code. The court may
2-43 exonerate the defendant and his sureties, if any, from liability on
2-44 the forfeiture, remit the amount of the forfeiture, or set aside
2-45 the forfeiture only as expressly provided by this chapter. The
2-46 court may approve any proposed settlement of the liability on the
2-47 forfeiture agreed to by the state and the defendant or the
2-48 defendant's sureties, if any.
2-49 SECTION 7. Article 22.15, Code of Criminal Procedure, is
2-50 amended to read as follows:
2-51 Art. 22.15. JUDGMENT FINAL BY DEFAULT. When the sureties
2-52 have been duly cited and fail to answer, and the principal also
2-53 fails to answer within the time period provided by Article 22.11
2-54 [limited for answering in other civil actions], the court shall
2-55 enter judgment final by default.
2-56 SECTION 8. Chapter 22, Code of Criminal Procedure, is
2-57 amended by adding Article 22.18 to read as follows:
2-58 Art. 22.18. LIMITATION. An action by the state to forfeit a
2-59 bail bond under this chapter must be brought not later than the
2-60 fourth anniversary of the date the principal failed to appear in
2-61 court.
2-62 SECTION 9. Article 23.05, Code of Criminal Procedure, is
2-63 amended to read as follows:
2-64 Art. 23.05. CAPIAS AFTER FORFEITURE. (a) Where a
2-65 forfeiture of bail is declared, a capias shall be immediately
2-66 issued for the arrest of the defendant, and when arrested, in its
2-67 discretion, the court may require the defendant, in order to be
2-68 released from custody, to deposit with the custodian of funds of
2-69 the court in which the prosecution is pending current money of the
3-1 United States in the amount of the new bond as set by the court, in
3-2 lieu of a surety bond, unless the forfeiture taken has been set
3-3 aside under the third subdivision of Article 22.13 of this code, in
3-4 which case the defendant and his sureties shall remain bound under
3-5 the same bail.
3-6 (b) A capias issued under this article may be executed by a
3-7 peace officer or a private investigator licensed under the Private
3-8 Investigators and Private Security Agencies Act (Article 4413
3-9 (29bb), Vernon's Texas Civil Statutes).
3-10 SECTION 10. Subchapter C, Private Investigators and Private
3-11 Security Agencies Act (Article 4413 (29bb), Vernon's Texas Civil
3-12 Statutes), is amended by adding Section 43A to read as follows:
3-13 Sec. 43A. EXECUTION OF ARREST WARRANT ON BEHALF OF SURETY ON
3-14 BAIL BOND; OFFENSE. (a) A private investigator executing an
3-15 arrest warrant on behalf of a surety on a bail bond may not:
3-16 (1) enter a residence without the consent of the
3-17 occupants;
3-18 (2) execute the warrant without written authorization
3-19 from the surety;
3-20 (3) wear, carry, or display any uniform, badge,
3-21 shield, or other insignia or emblem that implies that the private
3-22 investigator is an employee, officer, or agent of the federal
3-23 government, the state, or a political subdivision of the state; or
3-24 (4) notwithstanding Section 9.51, Penal Code, use
3-25 force.
3-26 (b) Notwithstanding Subsection (a)(3) of this section, a
3-27 private investigator may display identification that indicates that
3-28 the person is acting on behalf of a surety on a bail bond.
3-29 (c) A private investigator executing a capias on behalf of a
3-30 surety on a bail bond shall immediately take the person arrested
3-31 to:
3-32 (1) if the arrest is made in the county in which the
3-33 warrant was issued:
3-34 (A) the county jail for that county if:
3-35 (i) the offense is a Class A or Class B
3-36 misdemeanor or a felony; or
3-37 (ii) the offense is a Class C misdemeanor
3-38 and the warrant was issued by a magistrate of that county; or
3-39 (B) the municipal jail for the appropriate
3-40 municipality if the offense is a Class C misdemeanor and the
3-41 warrant was issued by a magistrate of the municipality; or
3-42 (2) if the arrest is made in a county other than the
3-43 county in which the warrant was issued, the county jail for the
3-44 county in which the arrest was made.
3-45 (d) A person commits an offense if the person violates this
3-46 section. An offense under this section is a state jail felony.
3-47 SECTION 11. The change in law made by Sections 1 through 7
3-48 of this Act applies only to a bail bond executed on or after the
3-49 effective date of this Act. A bail bond executed before the
3-50 effective date of this Act is covered by the law in effect when the
3-51 bail bond was executed, and the former law is continued in effect
3-52 for that purpose.
3-53 SECTION 12. The importance of this legislation and the
3-54 crowded condition of the calendars in both houses create an
3-55 emergency and an imperative public necessity that the
3-56 constitutional rule requiring bills to be read on three several
3-57 days in each house be suspended, and this rule is hereby suspended.
3-58 * * * * *