1-1 By: Armbrister S.B. No. 1120
1-2 (In the Senate - Filed March 6, 2001; March 7, 2001, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 30, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 4, Nays 0; April 30, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1120 By: West
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the liability of a criminal defendant and the
1-11 defendant's sureties on a personal bond or bail bond and to certain
1-12 procedures in connection with a bond forfeiture.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Article 22.16, Code of Criminal Procedure, is
1-15 amended to read as follows:
1-16 Art. 22.16. REMITTITUR AFTER FORFEITURE. (a) After
1-17 forfeiture of a bond and before entry of final judgment [the
1-18 expiration of the time limits set by Subsection (c) of this
1-19 article], the court shall, on written motion, remit to the surety
1-20 the amount of the bond, after deducting the costs of court and[,]
1-21 any reasonable and necessary costs to the county for the return of
1-22 the principal, and the interest accrued on the bond amount as
1-23 provided by Subsection (c) [(e)] of this article if:
1-24 (1) [the principal is incarcerated in the county in
1-25 which the prosecution is pending;]
1-26 [(2) the principal is incarcerated in another
1-27 jurisdiction and the incarceration is verified as provided by
1-28 Subsection (b) of this article;]
1-29 [(3)] the principal is released on new bail in the
1-30 case;
1-31 (2) [(4)] the principal is deceased; or
1-32 (3) [(5)] the case for which bond was given is
1-33 dismissed.
1-34 (b) For other good cause shown [the purposes of Subsection
1-35 (a)(2) of this article, a surety may request confirmation of the
1-36 incarceration of his principal by written request to the law
1-37 enforcement agency of the county where prosecution is pending. A
1-38 law enforcement agency in this state that receives a request for
1-39 verification shall notify the court in which prosecution is pending
1-40 and the surety whether or not the principal is or has been
1-41 incarcerated in another jurisdiction and the date of the
1-42 incarceration.]
1-43 [(c) A final judgment may be entered against a bond not
1-44 earlier than:]
1-45 [(1) nine months after the date the forfeiture was
1-46 entered, if the offense for which the bond was given is a
1-47 misdemeanor; or]
1-48 [(2) 18 months after the date the forfeiture was
1-49 entered, if the offense for which the bond was given is a felony.]
1-50 [(d) After the expiration of the time limits set by
1-51 Subsection (c) of this article and] before the entry of a final
1-52 judgment against the bond, the court in its discretion may remit to
1-53 the surety all or part of the amount of the bond, after deducting
1-54 the costs of court and [,] any reasonable and necessary costs to
1-55 the county for the return of the principal, and the interest
1-56 accrued on the bond amount as provided by Subsection (c) [(e)] of
1-57 this article.
1-58 (c) [(e)] For the purposes of this article, interest accrues
1-59 on the bond amount from the date of forfeiture in the same manner
1-60 and at the same rate as provided for the accrual of prejudgment
1-61 interest in civil cases.
1-62 SECTION 2. Subsection (a), Article 44.04, Code of Criminal
1-63 Procedure, is amended to read as follows:
1-64 (a) Pending the determination of any motion for new trial or
2-1 the appeal from any misdemeanor conviction, the defendant is
2-2 entitled to be released on reasonable bail[, and if a defendant
2-3 charged with a misdemeanor is on bail, is convicted, and appeals
2-4 that conviction, his bond is not discharged until his conviction is
2-5 final or in the case of an appeal to a court where a trial de novo
2-6 is held, he files an appeal bond as required by this code for
2-7 appeal from the conviction].
2-8 SECTION 3. This Act takes effect September 1, 2001. The
2-9 change in law made by this Act applies only to a bail bond executed
2-10 on or after the effective date of this Act. A bail bond executed
2-11 before the effective date of this Act is covered by the law in
2-12 effect when the bail bond was executed, and the former law is
2-13 continued in effect for that purpose.
2-14 * * * * *