78R7734 PEP-F

By:  Dunnam                                                       H.B. No. 3115


A BILL TO BE ENTITLED
AN ACT
relating to the liability of a criminal defendant and the defendant's sureties on a personal bond or bail bond and to certain procedures in connection with bond forfeiture. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 22.13, Code of Criminal Procedure, is amended to read as follows: Art. 22.13. CAUSES WHICH WILL EXONERATE. The following causes, and no other, will exonerate the defendant and his sureties, if any, from liability upon the forfeiture taken: 1. That the bond is, for any cause, not a valid and binding undertaking in law. If it be valid and binding as to the principal, and one or more of his sureties, if any, they shall not be exonerated from liability because of its being invalid and not binding as to another surety or sureties, if any. If it be invalid and not binding as to the principal, each of the sureties, if any, shall be exonerated from liability. If it be valid and binding as to the principal, but not so as to the sureties, if any, the principal shall not be exonerated, but the sureties, if any, shall be. 2. The death of the principal before the forfeiture was taken. 3. The sickness of the principal or some uncontrollable circumstance which prevented his appearance at court, and it must, in every such case, be shown that his failure to appear arose from no fault on his part. The causes mentioned in this subdivision shall not be deemed sufficient to exonerate the principal and his sureties, if any, unless such principal appear before final judgment on the bond to answer the accusation against him, or show sufficient cause for not so appearing. 4. Failure to present an indictment or information at the first term of the court which may be held after the principal has been admitted to bail, in case where the party was bound over before indictment or information, and the prosecution has not been continued by order of the court. 5. The incarceration of the principal in any jurisdiction. 6. The exclusion of the principal from entry into the United States by an agency or department of the federal government. 7. The failure of the state to enter an arrest warrant or capias issued for the principal into a statewide or multistate arrest warrant data bank before the 31st day after the date on which the principal failed to appear in court. SECTION 2. Article 22.16, Code of Criminal Procedure, is amended to read as follows: Art. 22.16. REMITTITUR AFTER FORFEITURE. (a) After forfeiture of a bond and before entry of a final judgment [the expiration of the time limits set by Subsection (c) of this article], the court shall, on written motion, remit to the surety the amount of the bond, after deducting the costs of court and [,] any reasonable and necessary costs to the county for the return of the principal, and the interest accrued on the bond amount as provided by Subsection (c) [(e) of this article] if[: [(1) the principal is incarcerated in the county in which the prosecution is pending; [(2) the principal is incarcerated in another jurisdiction and the incarceration is verified as provided by Subsection (b) of this article; [(3)] the principal is released on new bail in the case or[; [(4) the principal is deceased; or [(5)] the case for which bond was given is dismissed. (b) For other good cause shown [the purposes of Subsection (a)(2) of this article, a surety may request confirmation of the incarceration of his principal by written request to the law enforcement agency of the county where prosecution is pending. A law enforcement agency in this state that receives a request for verification shall notify the court in which prosecution is pending and the surety whether or not the principal is or has been incarcerated in another jurisdiction and the date of the incarceration. [(c) A final judgment may be entered against a bond not earlier than: [(1) nine months after the date the forfeiture was entered, if the offense for which the bond was given is a misdemeanor; or [(2) 18 months after the date the forfeiture was entered, if the offense for which the bond was given is a felony. [(d) After the expiration of the time limits set by Subsection (c) of this article] and before the entry of a final judgment against the bond, the court in its discretion may remit to the surety all or part of the amount of the bond after deducting the costs of court and [,] any reasonable and necessary costs to the county for the return of the principal, and the interest accrued on the bond amount as provided by Subsection (c) [(e) of this article]. (c) [(e)] For the purposes of this article, interest accrues on the bond amount from the date of forfeiture in the same manner and at the same rate as provided for the accrual of prejudgment interest in civil cases. SECTION 3. Article 44.04(a), Code of Criminal Procedure, is amended to read as follows: (a) Pending the determination of any motion for new trial or the appeal from any misdemeanor conviction, the defendant is entitled to be released on reasonable bail[, and if a defendant charged with a misdemeanor is on bail, is convicted, and appeals that conviction, his bond is not discharged until his conviction is final or in the case of an appeal to a court where a trial de novo is held, he files an appeal bond as required by this code for appeal from the conviction]. SECTION 4. 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. SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.