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.
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