78R4214 KCR-D

By:  Hartnett                                                     H.B. No. 1466



A BILL TO BE ENTITLED

AN ACT

relating to the adjustment of bail bonds in certain criminal cases.           
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 17.09, Code of Criminal Procedure, is 
amended by amending Section 3 and adding Sections 4 and 5 to read as 
follows:
	Sec. 3.  Provided that whenever, during the course of the 
action, the judge or magistrate in whose court such action is 
pending finds that the bond is defective, excessive or insufficient 
in amount, or that the sureties, if any, are not acceptable, or for 
any other good and sufficient cause, such judge or magistrate may, 
either in term-time or in vacation, set a new bond in any amount 
that the judge or magistrate considers proper [order the accused to 
be rearrested,] and order [require] the accused to give the new 
[another] bond within a reasonable period [in such amount as the 
judge or magistrate may deem proper].  The former bond given by the 
defendant remains in effect until the defendant gives the new bond 
or until the defendant is arrested for failure to give the bond or 
for other good and sufficient cause, whichever is earlier.
	Sec. 4.  A judge or magistrate that sets a new bond under 
Section 3 shall give written notice to the defendant whose bond is 
at issue.  The notice must contain:
		(1)  the reason that the bond already given by the 
defendant is no longer acceptable;
		(2)  the amount of the former bond and, if different, 
the amount of the new bond;
		(3)  instructions for how the defendant may give the 
new bond; and   
		(4)  the reasonable period within which the new bond 
must be given.  
	Sec. 5.  The judge or magistrate may order the arrest of a 
defendant for failure to comply with the notice of bond adjustment 
given under Section 4 or for other good and sufficient cause.  The
[When such bond is so given and approved, the] defendant shall be 
released from custody immediately after the defendant gives the new 
bond set under Section 3.
	SECTION 2.  Chapter 17, Code of Criminal Procedure, is 
amended by adding Article 17.091 to read as follows:
	Art. 17.091.  MOTION TO VACATE BOND.  (a)  A motion to vacate 
a bail bond under Article 17.09 may be made by:
		(1)  an attorney representing the state in a criminal 
case; or       
		(2)  any surety to a bond on which a defendant has been 
released from custody.
	(b)  Except as provided by Subsection (c), all court costs 
associated with a motion made under Subsection (a) shall be paid by 
the movant.
	(c)  Any surety to the original bond on which a defendant is 
released from custody remains liable for costs associated with the 
arrest of, or the attempted arrest of, the defendant before a new 
bond is given.
	SECTION 3.  Article 17.10, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 17.10.  DISQUALIFIED SURETIES.  (a) A minor cannot be 
surety on a bail bond, but the accused party may sign as principal.
	(b)  A surety who files a motion to vacate a bond with respect 
to a defendant under Section 17.091 may not be a surety on a new bond 
for that same defendant.
	SECTION 4.  (a) This Act takes effect September 1, 2003.                       
	(b)  The change in law made by this Act applies only to a bail 
bond executed on or after the effective date of this Act.  A bail 
bond executed before the effective date of this Act is covered by 
the law in effect when the bail bond was executed, and the former 
law is continued in effect for that purpose.