79R1656 KCR-D
By: Flores H.B. No. 1464
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 defendant
[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. The change in law made by this Act applies only
to a cash bond deposited with the custodian of funds of a court on or
after the effective date of this Act. 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.
SECTION 3. This Act takes effect September 1, 2005.