By Armbrister S.B. No. 1120
77R2923 PEP-F
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 17.19(a), Code of Criminal Procedure, is
1-7 amended to read as follows:
1-8 (a) Any surety[,] desiring to surrender his principal [and
1-9 after notifying the principal's attorney, if the principal is
1-10 represented by an attorney, in a manner provided by Rule 21a, Texas
1-11 Rules of Civil Procedure, of the surety's intention to surrender
1-12 the principal,] may file an affidavit of such intention before the
1-13 court or magistrate before which the prosecution is pending. The
1-14 affidavit must state:
1-15 (1) the court and cause number of the case;
1-16 (2) the name of the defendant;
1-17 (3) the offense with which the defendant is charged;
1-18 (4) the date of the bond; and
1-19 (5) the cause for the surrender[; and]
1-20 [(6) that notice of the surety's intention to
1-21 surrender the principal has been given as required by this
1-22 subsection].
1-23 SECTION 2. Article 22.13, Code of Criminal Procedure, is
1-24 amended to read as follows:
2-1 Art. 22.13. CAUSES WHICH WILL EXONERATE. The following
2-2 causes, and no other, will exonerate the defendant and his
2-3 sureties, if any, from liability upon the forfeiture taken:
2-4 1. That the bond is, for any cause, not a valid and
2-5 binding undertaking in law. If it be valid and binding as to the
2-6 principal, and one or more of his sureties, if any, they shall not
2-7 be exonerated from liability because of its being invalid and not
2-8 binding as to another surety or sureties, if any. If it be invalid
2-9 and not binding as to the principal, each of the sureties, if any,
2-10 shall be exonerated from liability. If it be valid and binding as
2-11 to the principal, but not so as to the sureties, if any, the
2-12 principal shall not be exonerated, but the sureties, if any, shall
2-13 be.
2-14 2. The death of the principal before the forfeiture
2-15 was taken.
2-16 3. The sickness of the principal or some
2-17 uncontrollable circumstance which prevented his appearance at
2-18 court, and it must, in every such case, be shown that his failure
2-19 to appear arose from no fault on his part. The causes mentioned in
2-20 this subdivision shall not be deemed sufficient to exonerate the
2-21 principal and his sureties, if any, unless such principal appear
2-22 before final judgment on the bond to answer the accusation against
2-23 him, or show sufficient cause for not so appearing.
2-24 4. Failure to present an indictment or information at
2-25 the first term of the court which may be held after the principal
2-26 has been admitted to bail, in case where the party was bound over
2-27 before indictment or information, and the prosecution has not been
3-1 continued by order of the court.
3-2 5. The incarceration of the principal in any
3-3 jurisdiction at the time of or not later than 12 months after the
3-4 principal's failure to appear in court. For the purposes of this
3-5 subdivision, a surety may request confirmation of the principal's
3-6 incarceration by submitting a written request for confirmation to
3-7 the law enforcement agency of the county in which the prosecution
3-8 is pending. A law enforcement agency in this state that receives a
3-9 request for confirmation shall notify the court in which the
3-10 prosecution is pending and the surety whether or not the principal
3-11 is or has been incarcerated in another jurisdiction and the date of
3-12 the incarceration. For the purposes of this subdivision, a
3-13 defendant and the defendant's sureties, if any, are liable for
3-14 costs of court, any reasonable and necessary costs to the county
3-15 for the return of the principal, and interest accrued on the bond
3-16 amount from the date of forfeiture until the date of the
3-17 principal's incarceration in the same manner and at the same rate
3-18 as provided for the accrual of prejudgment interest in civil cases.
3-19 SECTION 3. Article 22.16, Code of Criminal Procedure, is
3-20 amended to read as follows:
3-21 Art. 22.16. REMITTITUR AFTER FORFEITURE. (a) After
3-22 forfeiture of a bond and before entry of final judgment [the
3-23 expiration of the time limits set by Subsection (c) of this
3-24 article], the court shall, on written motion, remit to the surety
3-25 the amount of the bond, after deducting the costs of court and [,]
3-26 any reasonable and necessary costs to the county for the return of
3-27 the principal, and the interest accrued on the bond amount as
4-1 provided by Subsection (c) [(e)] of this article if:
4-2 (1) [the principal is incarcerated in the county in
4-3 which the prosecution is pending;]
4-4 [(2) the principal is incarcerated in another
4-5 jurisdiction and the incarceration is verified as provided by
4-6 Subsection (b) of this article;]
4-7 [(3)] the principal is released on new bail in the
4-8 case;
4-9 (2) [(4)] the principal is deceased; or
4-10 (3) [(5)] the case for which bond was given is
4-11 dismissed.
4-12 (b) For other good cause shown [the purposes of Subsection
4-13 (a)(2) of this article, a surety may request confirmation of the
4-14 incarceration of his principal by written request to the law
4-15 enforcement agency of the county where prosecution is pending. A
4-16 law enforcement agency in this state that receives a request for
4-17 verification shall notify the court in which prosecution is pending
4-18 and the surety whether or not the principal is or has been
4-19 incarcerated in another jurisdiction and the date of the
4-20 incarceration.]
4-21 [(c) A final judgment may be entered against a bond not
4-22 earlier than:]
4-23 [(1) nine months after the date the forfeiture was
4-24 entered, if the offense for which the bond was given is a
4-25 misdemeanor; or]
4-26 [(2) 18 months after the date the forfeiture was
4-27 entered, if the offense for which the bond was given is a felony.]
5-1 [(d) After the expiration of the time limits set by
5-2 Subsection (c) of this article and] before the entry of a final
5-3 judgment against the bond, the court in its discretion may remit to
5-4 the surety all or part of the amount of the bond, after deducting
5-5 the costs of court and [,] any reasonable and necessary costs to
5-6 the county for the return of the principal, and the interest
5-7 accrued on the bond amount as provided by Subsection (c) [(e)] of
5-8 this article.
5-9 (c) [(e)] For the purposes of this article, interest accrues
5-10 on the bond amount from the date of forfeiture in the same manner
5-11 and at the same rate as provided for the accrual of prejudgment
5-12 interest in civil cases.
5-13 SECTION 4. Article 44.04(a), Code of Criminal Procedure, is
5-14 amended to read as follows:
5-15 (a) Pending the determination of any motion for new trial or
5-16 the appeal from any misdemeanor conviction, the defendant is
5-17 entitled to be released on reasonable bail[, and if a defendant
5-18 charged with a misdemeanor is on bail, is convicted, and appeals
5-19 that conviction, his bond is not discharged until his conviction is
5-20 final or in the case of an appeal to a court where a trial de novo
5-21 is held, he files an appeal bond as required by this code for
5-22 appeal from the conviction].
5-23 SECTION 5. This Act takes effect September 1, 2001. The
5-24 change in law made by this Act applies only to a bail bond executed
5-25 on or after the effective date of this Act. A bail bond executed
5-26 before the effective date of this Act is covered by the law in
5-27 effect when the bail bond was executed, and the former law is
6-1 continued in effect for that purpose.