77R13599 T
By Hinojosa H.B. No. 1102
Substitute the following for H.B. No. 1102:
By Hinojosa C.S.H.B. No. 1102
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the liability of a criminal defendant and the
1-3 defendant's sureties on a personal bond or bail bond and to certain
1-4 procedures in connection with a bond forfeiture.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 17.19(a), Code of Criminal Procedure, is
1-7 amended to read as follows:
1-8 (a) Any surety[,] desiring to surrender his principal [and
1-9 after notifying the principal's attorney, if the principal is
1-10 represented by an attorney, in a manner provided by Rule 21a, Texas
1-11 Rules of Civil Procedure, of the surety's intention to surrender
1-12 the principal,] may file an affidavit of such intention before the
1-13 court or magistrate before which the prosecution is pending. The
1-14 affidavit must state:
1-15 (1) the court and cause number of the case;
1-16 (2) the name of the defendant;
1-17 (3) the offense with which the defendant is charged;
1-18 (4) the date of the bond; and
1-19 (5) the cause for the surrender[; and]
1-20 [(6) that notice of the surety's intention to
1-21 surrender the principal has been given as required by this
1-22 subsection].
1-23 SECTION 2. Article 22.13, Code of Criminal Procedure, is
1-24 amended to read as follows:
2-1 Art. 22.13. CAUSES WHICH WILL EXONERATE. The following
2-2 causes, and no other, will exonerate the defendant and his
2-3 sureties, if any, from liability upon the forfeiture taken:
2-4 1. That the bond is, for any cause, not a valid and
2-5 binding undertaking in law. If it be valid and binding as to the
2-6 principal, and one or more of his sureties, if any, they shall not
2-7 be exonerated from liability because of its being invalid and not
2-8 binding as to another surety or sureties, if any. If it be invalid
2-9 and not binding as to the principal, each of the sureties, if any,
2-10 shall be exonerated from liability. If it be valid and binding as
2-11 to the principal, but not so as to the sureties, if any, the
2-12 principal shall not be exonerated, but the sureties, if any, shall
2-13 be.
2-14 2. The death of the principal before the forfeiture
2-15 was taken.
2-16 3. The sickness of the principal or some
2-17 uncontrollable circumstance which prevented his appearance at
2-18 court, and it must, in every such case, be shown that his failure
2-19 to appear arose from no fault on his part. The causes mentioned in
2-20 this subdivision shall not be deemed sufficient to exonerate the
2-21 principal and his sureties, if any, unless such principal appear
2-22 before final judgment on the bond to answer the accusation against
2-23 him, or show sufficient cause for not so appearing.
2-24 4. Failure to present an indictment or information at
2-25 the first term of the court which may be held after the principal
2-26 has been admitted to bail, in case where the party was bound over
2-27 before indictment or information, and the prosecution has not been
3-1 continued by order of the court.
3-2 5. The incarceration of the principal in any
3-3 jurisdiction at the time of or not later than 10 months after the
3-4 principal's failure to appear in court, provided that during such
3-5 period of incarceration of the principal the surety requests
3-6 confirmation of the principal's incarceration by submitting a
3-7 written request for confirmation to the law enforcement agency of
3-8 the county in which the prosecution is pending. A law enforcement
3-9 agency in this state that receives a request for confirmation shall
3-10 notify the court in which the prosecution is pending and the surety
3-11 whether or not the principal is or has been incarcerated in another
3-12 jurisdiction and the date of the incarceration. For the purposes
3-13 of this subdivision, a defendant and the defendant's sureties, if
3-14 any, are liable for costs of court, any reasonable and necessary
3-15 costs to the county for the return of the principal, and interest
3-16 accrued on the bond amount from the date of forfeiture until the
3-17 date of the principal's incarceration in the same manner and at the
3-18 same rate as provided for the accrual of prejudgment interest in
3-19 civil cases.
3-20 SECTION 3. Article 22.16, Code of Criminal Procedure, is
3-21 amended to read as follows:
3-22 Art. 22.16. REMITTITUR AFTER FORFEITURE. (a) After
3-23 forfeiture of a bond and before the entry of a final judgment
3-24 [expiration of the time limits set by Subsection (c) of this
3-25 article], the court [shall] may[, on written motion,] remit to the
3-26 surety all or a portion of the amount of the bond as set forth in
3-27 Subsection (b) of this article after deducting the costs of court,
4-1 any reasonable costs to the county for the return of the principal,
4-2 the interest accrued on the bond amount as provided by Subsection
4-3 (d)[(e)] of this article [if:], and any reasonable costs of the
4-4 state incurred for producing witnesses on the dates of trial.
4-5 [(1) the principal is incarcerated in the county in
4-6 which the prosecution is pending;]
4-7 [(2) the principal is incarcerated in another
4-8 jurisdiction and the incarceration is verified as provided by
4-9 Subsection (b) of this article;]
4-10 [(3) the principal is released on bail in the case;]
4-11 [(4) the principal is deceased]
4-12 [(5) the case for which bail is given is dismissed].
4-13 (b)(1) The court may remit the percentage of the bond set
4-14 forth in Subsections (b)(2) and (b)(3) if the surety submits a
4-15 motion in writing and establishes any of the following:
4-16 (a) the principal is incarcerated in the county in which the
4-17 prosecution is pending;
4-18 (b) the principal is incarcerated in another jurisdiction
4-19 and the incarceration is verified by the main law enforcement
4-20 agency charged with housing prisoners in the county where the
4-21 prosecution is pending;
4-22 (c) the principal is released on bail in the case;
4-23 (d) the principal is deceased;
4-24 (2) If the bond was given in a felony, the court may
4-25 remit:
4-26 100% if the motion is filed within 270 days of
4-27 the forfeiture;
5-1 80% if the motion is filed between 61 and 90 days
5-2 after the forfeiture;
5-3 60% if the motion is filed between 91 and 120
5-4 days after the forfeiture;
5-5 40% if the motion is filed between 121 and 150
5-6 days after the forfeiture;
5-7 20% if the motion is filed between 151 and 180
5-8 days after the forfeiture;
5-9 (3) If the bond was given in a misdemeanor, the court
5-10 may remit:
5-11 100% if the motion is filed within 180 days of
5-12 the forfeiture;
5-13 80% if the motion is filed between 61 and 90 days
5-14 after the forfeiture;
5-15 60% if the motion is filed between 91 and 120
5-16 days after the forfeiture;
5-17 40% if the motion is filed between 121 and 150
5-18 days after the forfeiture;
5-19 20% if the motion is filed between 151 and 180
5-20 days after for forfeiture;
5-21 (4) the court may by agreement of the parties or for
5-22 good cause set forth in the final judgment remit an amount
5-23 different from the amount set forth in Subsections (b)(2) and
5-24 (b)(3) of this article.
5-25 (c) [(b)] For purposes of Subsection (b)(1)(b) of this
5-26 article, a surety may request confirmation of the incarceration of
5-27 his principal by written request to the law enforcement agency of
6-1 the county where the prosecution is pending. A law enforcement
6-2 agency in this state that receives a request for verification shall
6-3 notify the court in which the prosecution is pending and the surety
6-4 whether or not the principal is or has been incarcerated in another
6-5 jurisdiction and the date of the incarceration.
6-6 [(c) A final judgment may not be entered against a bond not
6-7 earlier than: nine months after the date the forfeiture was
6-8 entered, if the offense for which the bond was given is a
6-9 misdemeanor or 18 months after the date the forfeiture was entered,
6-10 if the offense for which the bond was given is a felony.]
6-11 [(d) After the expiration of the time limits set by
6-12 Subsection (c) of this article and before entry of final judgment
6-13 against the bond, the court in its discretion may remit to the
6-14 surety all or part of the amount of the bond after deducting the
6-15 costs of court, any reasonable costs to the county for the return
6-16 of the principal, and interest accrued on the bond amount as
6-17 provided by Subsection (e) of this article.]
6-18 (d) [(e)] For purposes of this article, interest accrues on
6-19 the bond amount from the date of forfeiture in the same manner and
6-20 at the same rate as provided for the accrual of prejudgment
6-21 interest in civil cases.
6-22 SECTION 4. Article 44.04(a), Code of Criminal Procedure, is
6-23 amended to read as follows:
6-24 (a) Pending the determination of any motion for new trial or
6-25 the appeal from any misdemeanor conviction, the defendant is
6-26 entitled to be released on reasonable bail[, and if a defendant
6-27 charged with a misdemeanor is on bail, is convicted, and appeals
7-1 that conviction, his bond is not discharged until his conviction is
7-2 final or in the case of an appeal to a court where a trial de novo
7-3 is held, he files an appeal bond as required by this code for
7-4 appeal from the conviction].
7-5 SECTION 5. This Act takes effect September 1, 2001. The
7-6 change in law made by this Act applies only to a bail bond executed
7-7 on or after the effective date of this Act. A bail bond executed
7-8 before the effective date of this Act is covered by the law in
7-9 effect when the bail bond was executed, and the former law is
7-10 continued in effect for that purpose.