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


Senate Research CenterS.B. 1120
By: Armbrister
Criminal Justice
4/27/2001
Committee Report (Substituted)


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.  C.S.S.B. 1120 allows for the remittance of a
forfeited bond, minus certain costs. 

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

SECTION 3.  Effective date: September 1, 2001.
            Makes application of this Act prospective. 

SUMMARY OF COMMITTEE CHANGES

Deletes previously proposed SECTION 1.

Deletes previously proposed SECTION 2. 

Renumbers previously proposed SECTIONS 3 - 5 as SECTIONS 1 - 3 with no
change.