HBA-SEP S.B. 173 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 173
By: Carona
Criminal Jurisprudence
4/30/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, a criminal defendant is refunded all cash funds posted for the
defendant's bail bond if and when the defendant has complied with all of
the conditions of that bond.  Senate Bill 173 modifies the definition of
"bail bond" to require, if and when the defendant complies with the
conditions of the defendant's bond and on order of the court, any cash
funds posted on a criminal defendant's bail bond to be refunded to the
surety or to the defendant if there is no surety on the bond.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 173 amends the Code of Criminal Procedure to modify the
definition of "bail bond" to require, if and when the defendant complies
with the conditions of the defendant's bond and on order of the court, any
cash funds posted on a criminal defendant's bail bond to be refunded to the
surety or to the defendant if there is no surety on the bond.  The bill
authorizes the custodian of funds to deduct from the refund amount any
outstanding fines and court costs owed by the defendant that relate to the
offense for which the defendant was released on bail.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.