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.