77R15753 JMC-F                          
         By Armbrister                                         S.B. No. 1120
         Substitute the following for S.B. No. 1120:
         By Hinojosa                                       C.S.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 bond and to certain procedures in
 1-4     connection with a bond forfeiture.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Chapter 22, Code of Criminal Procedure, is
 1-7     amended by adding Article 22.135 to read as follows:
 1-8           Art. 22.135.  LIMITATION OF LIABILITY OF SURETIES. (a)  If
 1-9     the principal on a bail bond fails to appear in court, the
1-10     incarceration of the principal on or after the date that the
1-11     principal fails to appear limits the liability of the sureties on
1-12     the bond in accordance with Subsection (c) if the sureties submit
1-13     to the law enforcement agency of the county in which the
1-14     prosecution is pending a written request for confirmation of the
1-15     principal's incarceration.  The written request for confirmation
1-16     must be made while the principal is incarcerated.
1-17           (b)  A law enforcement agency that receives a written request
1-18     for confirmation of incarceration from a surety under Subsection
1-19     (a) shall notify the surety and the court in which the prosecution
1-20     is pending whether the principal is or has been incarcerated by the
1-21     agency and the date of the incarceration.
1-22           (c)  Except as provided by Subsection (d), a surety whose
1-23     liability is limited under this article is liable only for costs of
1-24     court, reasonable and necessary costs to the county for the return
 2-1     of the principal, interest accrued on the bond amount from the date
 2-2     of forfeiture until the date of the principal's incarceration in
 2-3     the same manner and at the same rate as provided for the accrual of
 2-4     prejudgment interest in civil cases, actual costs incurred by the
 2-5     state in having a witness available for trial when a principal has
 2-6     failed to appear for that trial setting, and the following penalty
 2-7     amount:
 2-8                 (1)  in the case of a misdemeanor:
 2-9                       (A)  no penalty amount if the principal is
2-10     incarcerated not later than six months after the date of the
2-11     signing of a judgment nisi as a result of the principal's failure
2-12     to appear;
2-13                       (B)  a penalty amount equal to 20 percent of the
2-14     face amount of the bond if the principal is incarcerated later than
2-15     six months, but not later than seven months after the date of the
2-16     signing of a judgment nisi as a result of the principal's failure
2-17     to appear;
2-18                       (C)  a penalty amount equal to 40 percent of the
2-19     face amount of the bond if the principal is incarcerated later than
2-20     seven months, but not later than eight months after the date of the
2-21     signing of a judgment nisi as a result of the principal's failure
2-22     to appear;
2-23                       (D)  a penalty amount equal to 60 percent of the
2-24     face amount of the bond if the principal is incarcerated later than
2-25     eight months, but not later than nine months after the date of the
2-26     signing of a judgment nisi as a result of the principal's failure
2-27     to appear; or
 3-1                       (E)  a penalty amount equal to 80 percent of the
 3-2     face amount of the bond if the principal is incarcerated later than
 3-3     nine months, but not later than 10 months after the date of the
 3-4     signing of a judgment nisi as a result of the principal's failure
 3-5     to appear; or
 3-6                 (2)  in the case of a felony:
 3-7                       (A)  no penalty amount if the principal is
 3-8     incarcerated not later than nine months after the date of the
 3-9     signing of a judgment nisi as a result of the principal's failure
3-10     to appear;
3-11                       (B)  a penalty amount equal to 20 percent of the
3-12     face amount of the bond if the principal is incarcerated later than
3-13     nine months, but not later than 10 months after the date of the
3-14     signing of a judgment nisi as a result of the principal's failure
3-15     to appear;
3-16                       (C)  a penalty amount equal to 40 percent of the
3-17     face amount of the bond if the principal is incarcerated later than
3-18     10 months, but not later than 11 months after the date of the
3-19     signing of a judgment nisi as a result of the principal's failure
3-20     to appear;
3-21                       (D)  a penalty amount equal to 60 percent of the
3-22     face amount of the bond if the principal is incarcerated later than
3-23     11 months, but not later than 12 months after the date of the
3-24     signing of a judgment nisi as a result of the principal's failure
3-25     to appear; or
3-26                       (E)  a penalty amount equal to 80 percent of the
3-27     face amount of the bond if the principal is incarcerated later than
 4-1     12 months, but not later than 13 months after the date of the
 4-2     signing of a judgment nisi as a result of the principal's failure
 4-3     to appear.
 4-4           (d)  Notwithstanding Subsection (c), the state may agree to a
 4-5     greater limitation of liability of a surety.
 4-6           SECTION 2. Article 22.16, Code of Criminal Procedure, is
 4-7     amended to read as follows:
 4-8           Art. 22.16.  REMITTITUR AFTER FORFEITURE. (a)  After
 4-9     forfeiture of a bond and before entry of final judgment [the
4-10     expiration of the time limits set by Subsection (c) of this
4-11     article], the court shall, on written motion, remit to the surety
4-12     the amount of the bond, after deducting the costs of court and [,]
4-13     any reasonable and necessary costs to the county for the return of
4-14     the principal, and the interest accrued on the bond amount as
4-15     provided by Subsection (c) [(e)] of this article if:
4-16                 (1)  [the principal is incarcerated in the county in
4-17     which the prosecution is pending;]
4-18                 [(2)  the principal is incarcerated in another
4-19     jurisdiction and the incarceration is verified as provided by
4-20     Subsection (b) of this article;]
4-21                 [(3)]  the principal is released on new bail in the
4-22     case;
4-23                 (2) [(4)]  the principal is deceased; or
4-24                 (3)  in [(5)]  the case for which bond was given:
4-25                       (A)  the principal is placed on community
4-26     supervision, including deferred adjudication community supervision;
4-27                       (B)  a sentence is imposed on the principal;
 5-1                       (C)  the court dismisses the case; or
 5-2                       (D)  the principal is acquitted [is dismissed].
 5-3           (b)  For other good cause shown [the purposes of Subsection
 5-4     (a)(2) of this article, a surety may request confirmation of the
 5-5     incarceration of his principal by written request to the law
 5-6     enforcement agency of the county where prosecution is pending.  A
 5-7     law enforcement agency in this state that receives a request for
 5-8     verification shall notify the court in which prosecution is pending
 5-9     and the surety whether or not the principal is or has been
5-10     incarcerated in another jurisdiction and the date of the
5-11     incarceration.]
5-12           [(c)  A final judgment may be entered against a bond not
5-13     earlier than:]
5-14                 [(1)  nine months after the date the forfeiture was
5-15     entered, if the offense for which the bond was given is a
5-16     misdemeanor; or]
5-17                 [(2)  18 months after the date the forfeiture was
5-18     entered, if the offense for which the bond was given is a felony.]
5-19           [(d)  After the expiration of the time limits set by
5-20     Subsection (c) of this article and] before the entry of a final
5-21     judgment against the bond, the court in its discretion may remit to
5-22     the surety all or part of the amount of the bond, after deducting
5-23     the costs of court and [,] any reasonable and necessary costs to
5-24     the county for the return of the principal, and the interest
5-25     accrued on the bond amount as provided by Subsection (c) [(e)] of
5-26     this article.
5-27           (c) [(e)]  For the purposes of this article, interest accrues
 6-1     on the bond amount from the date of forfeiture in the same manner
 6-2     and at the same rate as provided for the accrual of prejudgment
 6-3     interest in civil cases.
 6-4           SECTION 3. Article 44.04(a), Code of Criminal Procedure, is
 6-5     amended to read as follows:
 6-6           (a)  Pending the determination of any motion for new trial or
 6-7     the appeal from any misdemeanor conviction, the defendant is
 6-8     entitled to be released on reasonable bail[, and if a defendant
 6-9     charged with a misdemeanor is on bail, is convicted, and appeals
6-10     that conviction, his bond is not discharged until his conviction is
6-11     final or in the case of an appeal to a court where a trial de novo
6-12     is held, he files an appeal bond as required by this code for
6-13     appeal from the conviction].
6-14           SECTION 4. This Act takes effect September 1, 2001. The
6-15     change in law made by this Act applies only to a bail bond executed
6-16     on or after the effective date of this Act.  A bail bond executed
6-17     before the effective date of this Act is covered by the law in
6-18     effect when the bail bond was executed, and the former law is
6-19     continued in effect for that purpose.