By: Armbrister S.B. No. 1120
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 22.16, Code of Criminal Procedure, is
1-7 amended to read as follows:
1-8 Art. 22.16. REMITTITUR AFTER FORFEITURE. (a) After
1-9 forfeiture of a bond and before entry of final judgment [the
1-10 expiration of the time limits set by Subsection (c) of this
1-11 article], the court shall, on written motion, remit to the surety
1-12 the amount of the bond, after deducting the costs of court and[,]
1-13 any reasonable and necessary costs to the county for the return of
1-14 the principal, and the interest accrued on the bond amount as
1-15 provided by Subsection (c) [(e)] of this article if:
1-16 (1) [the principal is incarcerated in the county in
1-17 which the prosecution is pending;]
1-18 [(2) the principal is incarcerated in another
1-19 jurisdiction and the incarceration is verified as provided by
1-20 Subsection (b) of this article;]
1-21 [(3)] the principal is released on new bail in the
1-22 case;
1-23 (2) [(4)] the principal is deceased; or
1-24 (3) [(5)] the case for which bond was given is
1-25 dismissed.
2-1 (b) For other good cause shown [the purposes of Subsection
2-2 (a)(2) of this article, a surety may request confirmation of the
2-3 incarceration of his principal by written request to the law
2-4 enforcement agency of the county where prosecution is pending. A
2-5 law enforcement agency in this state that receives a request for
2-6 verification shall notify the court in which prosecution is pending
2-7 and the surety whether or not the principal is or has been
2-8 incarcerated in another jurisdiction and the date of the
2-9 incarceration.]
2-10 [(c) A final judgment may be entered against a bond not
2-11 earlier than:]
2-12 [(1) nine months after the date the forfeiture was
2-13 entered, if the offense for which the bond was given is a
2-14 misdemeanor; or]
2-15 [(2) 18 months after the date the forfeiture was
2-16 entered, if the offense for which the bond was given is a felony.]
2-17 [(d) After the expiration of the time limits set by
2-18 Subsection (c) of this article and] before the entry of a final
2-19 judgment against the bond, the court in its discretion may remit to
2-20 the surety all or part of the amount of the bond, after deducting
2-21 the costs of court and [,] any reasonable and necessary costs to
2-22 the county for the return of the principal, and the interest
2-23 accrued on the bond amount as provided by Subsection (c) [(e)] of
2-24 this article.
2-25 (c) [(e)] For the purposes of this article, interest accrues
2-26 on the bond amount from the date of forfeiture in the same manner
3-1 and at the same rate as provided for the accrual of prejudgment
3-2 interest in civil cases.
3-3 SECTION 2. Subsection (a), Article 44.04, Code of Criminal
3-4 Procedure, is amended to read as follows:
3-5 (a) Pending the determination of any motion for new trial or
3-6 the appeal from any misdemeanor conviction, the defendant is
3-7 entitled to be released on reasonable bail[, and if a defendant
3-8 charged with a misdemeanor is on bail, is convicted, and appeals
3-9 that conviction, his bond is not discharged until his conviction is
3-10 final or in the case of an appeal to a court where a trial de novo
3-11 is held, he files an appeal bond as required by this code for
3-12 appeal from the conviction].
3-13 SECTION 3. This Act takes effect September 1, 2001. The
3-14 change in law made by this Act applies only to a bail bond executed
3-15 on or after the effective date of this Act. A bail bond executed
3-16 before the effective date of this Act is covered by the law in
3-17 effect when the bail bond was executed, and the former law is
3-18 continued in effect for that purpose.