78R2834 KCR-F

By:  Lewis                                                        H.B. No. 1031



A BILL TO BE ENTITLED

AN ACT

relating to the release of a criminal defendant on partial bail and 
to the procedures governing a cash bond.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   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 2.   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 amount 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.
	SECTION 3.   This Act takes effect September 1, 2003.