1-1 AN ACT
1-2 relating to the deposit and refund of cash with regard to a bond in
1-3 a criminal case.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 17.02, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 17.02. DEFINITION OF "BAIL BOND." A "bail bond" is a
1-8 written undertaking entered into by the defendant and his sureties
1-9 for the appearance of the principal therein before some court or
1-10 magistrate to answer a criminal accusation; provided, however,
1-11 that the defendant upon execution of such bail bond may deposit
1-12 with the custodian of funds of the court in which the prosecution
1-13 is pending current money of the United States in the amount of the
1-14 bond in lieu of having sureties signing the same. A court or
1-15 magistrate may not authorize a defendant or any person acting on
1-16 behalf of the defendant to deposit cash in an amount less than the
1-17 full amount of the bail that has been set by the court or
1-18 magistrate. Any cash funds deposited under this Article shall be
1-19 receipted for by the officer receiving the same and shall be
1-20 refunded to the surety if there is a surety on the bond or to the
1-21 defendant if there is no surety if and when the defendant complies
1-22 with the conditions of his bond, and upon order of the court. The
1-23 custodian of funds may deduct from the amount to be refunded any
1-24 outstanding fines and court costs owed by the defendant that relate
1-25 to the offense for which the defendant was released on bail.
2-1 SECTION 2. Subsection (a), Article 17.03, Code of Criminal
2-2 Procedure, is amended to read as follows:
2-3 (a) Except as provided by Subsection (b) of this article, a
2-4 magistrate may, in the magistrate's discretion, release the
2-5 defendant on his personal bond. A court or magistrate may not
2-6 require the deposit of money or any other security as a condition
2-7 of release on personal bond [without sureties or other security].
2-8 SECTION 3. This Act takes effect immediately if it receives
2-9 a vote of two-thirds of all the members elected to each house, as
2-10 provided by Section 39, Article III, Texas Constitution. If this
2-11 Act does not receive the vote necessary for immediate effect, this
2-12 Act takes effect September 1, 2001.
S.B. No. 173
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 173 passed the Senate on
February 12, 2001, by the following vote: Yeas 30, Nays 0, one
present not voting; and that the Senate concurred in House
amendment on May 27, 2001, by the following vote: Yeas 30, Nays 0,
one present not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 173 passed the House, with
amendment, on May 23, 2001, by the following vote: Yeas 139,
Nays 0, one present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor