Amend HB 1300 by adding the following new SECTIONS to the
bill, appropriately numbered, and renumbering existing SECTIONS
accordingly:
SECTION _____. Article 17.02, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.02. DEFINITION OF "BAIL BOND"; CASH BOND AUTHORIZED.
(a) A "bail bond" is a written undertaking entered into by the
defendant and the defendant's [his] sureties for the appearance of
the principal therein before some court or magistrate to answer a
criminal accusation; provided, however, that the defendant upon
execution of such bail bond may deposit with the custodian of funds
of the court in which the prosecution is pending current money of
the United States in the amount of the bond, or in a lesser amount as
provided by Article 17.025, in lieu of having sureties signing the
same.
(b) Any cash funds deposited under this Article or Article
17.025 shall be receipted for by the officer receiving those funds.
The officer shall deposit the funds in an interest-bearing account
established for purposes of this subsection. Interest on the
amount in the account may be retained by the county to cover the
costs of administering this subsection. In addition, the county
may impose a fee, not to exceed 10 percent of the amount deposited,
to cover those administrative costs. The officer shall refund the
amount deposited, less any amount retained under this subsection as
an administrative fee, [the same and shall be refunded] to the
defendant, or to another person to whom that amount is assigned by
the defendant in a signed written instrument filed with that
officer, [if and] when the defendant complies with the conditions
of the defendant's [his] bond, and upon order of the court.
SECTION _____. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17. 025 to read as follows:
Art. 17.025. RELEASE ON BOND IN PARTIAL AMOUNT. (a) A
magistrate may release a defendant on bail by permitting the
defendant to deposit an amount of cash bond or to submit a bail bond
in an amount that is less than the total mount of bail set in the
case if the magistrate determines that requiring the defendant to
deposit a cash bond or to procure a bail bond in the full amount of
bail will impose an unreasonable hardship on the defendant.
(b) Only the court before whom the case is pending may release
a defendant under this article if the defendant is a defendant
described by Article 17.03(b).
(c) A magistrate who releases a defendant under this article
may impose any condition on the release that the magistrate could
impose if the defendant were released on personal bond.