SRC-JBJ S.B. 1120 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1120
77R2923 PEP-FBy: Armbrister
Criminal Justice
4/11/2001
As Filed


DIGEST AND PURPOSE 

Under current Texas law, the complete forfeiture of a criminal bail bond is
prohibited until a final judgment has been entered in a forfeiture case
and, further, a final judgement is prevented from being entered for nine
months in a misdemeanor case and 18 months in a felony case.  The
interference by these provisions with the judiciary's ability to enter
final judgment in accordance with the Rules of Civil Procedure has been
ruled unconstitutional.  As proposed, S.B. 1120 allows for the remittance
of a forfeited bond, minus certain costs, if the defendant is apprehended
within12 months after the defendant failed to appear in court. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 17.19(a), Code of Criminal Procedure, to delete
existing text pertaining to the notice to the principal's attorney. 

SECTION 2.  Amends Article 22.13, Code of Criminal Procedure, to provide
that certain specific causes, and no other, will exonerate the defendant
and his sureties, if any, from liability upon the forfeiture taken,
including the following cause: 

 _The incarceration of the principal in any jurisdiction at the time of or
not later than 12 months after the principal's failure to appear in court.
Authorizes a surety, for the purpose of this subdivision, to request
confirmation of the principal's incarceration by submitting a written
request for confirmation to the law enforcement agency of the county in
which the prosecution is pending.  Requires a law enforcement agency in
this state that receives a request for confirmation to notify the court in
which the prosecution is pending and the surety whether or not the
principal is or has been  incarcerated in another jurisdiction and the date
of the incarceration.  Provides that for the purposes of this subdivision,
a defendant and the defendant's sureties, if any, are liable for costs of
court, any reasonable and necessary costs to the county for the return of
the principal, and interest accrued on the bond amount from the date of
forfeiture until the date of the principal's incarceration in the same
manner and at the same rate as provided for the accrual of prejudgement
interest in civil cases. 

SECTION 3.  Amends Article 22.16, Code of Criminal Procedure, to require
the court, after forfeiture of a bond and before entry of final judgment,
rather than the expiration of the time limits set by Subsection (c) of this
article, to remit, on written motion, to the surety the amount of the bond,
after deducting the costs of court and any reasonable and necessary costs
to the county for the return of the principal, and the interest accrued on
the bond amount as provided by Subsection (c), rather than Subsection (e),
of this article if certain specific conditions are met.  Deletes existing
text pertaining to the incarceration of the principal.  Authorizes the
court, for other good cause shown before the entry of a  final judgment
against the bond, in its discretion, to remit to the surety all or part of
the amount of the bond after deducting certain specific costs.  Deletes
existing text pertaining to confirmation of the incarceration of the
principal and time limits for a final judgment.  Reletters existing
Subsection (e) as Subsection (c).  Makes conforming changes. 

SECTION 4.  Amends Article 44.04(a), Code of Criminal Procedure, to delete
existing text pertaining to the discharge of a bond. 

SECTION 5.  Effective date: September 1, 2001.
            Makes application of this Act prospective.