78R7604 KCR-D


By:  Flores                                                       H.B. No. 2256



A BILL TO BE ENTITLED

AN ACT

relating to the return of a cash bond to certain criminal 
defendants.       
	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."  (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 in lieu of having sureties signing 
the same.
	(b)  Any cash funds deposited under this Article shall be:       
		(1)  receipted for by the officer receiving the funds;
[same] and 
		(2)  [shall be] refunded to the defendant if [and when] 
the defendant complies with the conditions of the defendant's [his] 
bond[,] and upon order of the court.
	(c)  The custodian of funds of the court in which a 
prosecution is pending against a defendant must refund the full 
amount of the funds deposited by the defendant to the defendant if 
the defendant is found not guilty of the criminal offense with which 
the defendant is charged.
	SECTION 2.  This Act takes effect September 1, 2003, and 
applies only to a cash bond deposited with the custodian of funds of 
a court on or after that date. A cash bond deposited with the 
custodian of funds of a court before the effective date of this Act 
is governed by the law in effect at the time the cash bond was 
deposited, and the former law is continued in effect for that 
purpose.