SRC-LBB S.B. 1336 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1336
78R7734 PEP-FBy: Hinojosa
Criminal Justice
4/14/2003
As Filed


DIGEST AND PURPOSE 
 
Sureties are subject to forfeiture of the full face amount of the posted
bond when a defendant fails to appear.  Most jurisdictions will give bail
agents some opportunity to attempt to find a defendant and return the
defendant to court.  However, current practices vary widely from county to
county.  As proposed, S.B. 1336 provides for the exoneration of a criminal
defendant and the defendant's sureties on a personal bond or bail bond for
certain causes.  This bill also provides for certain procedures in
connection with bond forfeiture. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 22.13, Code of Criminal Procedure, to provide
certain additional causes which will exonerate a defendant and his
sureties, if any, from liability upon the forfeiture taken. 

SECTION 2.  Amends Article  22.16, Code of Criminal Procedure, as follows:

(a)  Requires the court, after forfeiture of a bond and before entry of a
final judgment, on written motion to remit to the surety the amount of the
bond, after deducting certain costs. 

(b)  Creates this subsection from existing text from former Subsection
(d).  Deletes language regarding a surety's request for confirmation of
the incarceration of his principal and notification requirements of a law
enforcement agency.  Deletes former Subsection (c) regarding the entering
of a final judgment against a bond. 

 (c)  Redesignated from former Subsection (e).

SECTION 3.  Amends Article 44.04(a), Code of Criminal Procedure, to delete
language regarding a defendant charged with a misdemeanor who is on bail. 

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date:  upon passage or September 1, 2003.