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                                  * * * * *