1-1     By:  Carona                                            S.B. No. 173
 1-2           (In the Senate - Filed December 15, 2000; January 11, 2001,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     February 5, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0;
 1-6     February 5, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 173                  By:  Staples
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the refund of cash to a surety in a criminal case.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Article 17.02, Code of Criminal Procedure, is
1-13     amended to read as follows:
1-14           Art. 17.02.  DEFINITION OF "BAIL BOND."  A "bail bond" is a
1-15     written undertaking entered into by the defendant and his sureties
1-16     for the appearance of the principal therein before some court or
1-17     magistrate to answer a criminal accusation;  provided, however,
1-18     that the defendant upon execution of such bail bond may deposit
1-19     with the custodian of funds of the court in which the prosecution
1-20     is pending current money of the United States in the amount of the
1-21     bond in lieu of having sureties signing the same.  Any cash funds
1-22     deposited under this Article shall be receipted for by the officer
1-23     receiving the same and shall be refunded to the surety if there is
1-24     a surety on the bond or to the defendant if there is no surety if
1-25     and when the defendant complies with the conditions of his bond,
1-26     and upon order of the court.  The custodian of funds may deduct
1-27     from the amount to be refunded any outstanding fines and court
1-28     costs owed by the defendant.
1-29           SECTION 2.  This Act takes effect immediately if it receives
1-30     a vote of two-thirds of all the members elected to each house, as
1-31     provided by Section 39, Article III, Texas Constitution.  If this
1-32     Act does not receive the vote necessary for immediate effect, this
1-33     Act takes effect September 1, 2001.
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