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.