By: Talton H.B. No. 2767
Substitute the following for H.B. No. 2767:
By: Keel C.S.H.B. No. 2767
A BILL TO BE ENTITLED
AN ACT
relating to the release of a criminal defendant in certain cases and
the eligibility of certain individuals to act as sureties on bail
bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.10, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.10. DISQUALIFIED SURETIES. (a) A minor may not
[cannot] be surety on a bail bond, but the accused party may sign as
principal.
(b) A person, for compensation, may not be a surety on a bail
bond written in a county in which a county bail bond board regulated
under Chapter 1704, Occupations Code, does not exist unless the
person, within two years before the bail bond is given, completed in
person at least eight hours of continuing legal education in
criminal law courses or bail bond law courses that are:
(1) approved by the State Bar of Texas; and
(2) offered by an accredited institution of higher
education in this state.
SECTION 2. Article 32.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 32.01. DEFENDANT IN CUSTODY AND NO INDICTMENT
PRESENTED. When a defendant has been detained in custody or held to
bail for his appearance to answer any criminal accusation [before
the district court], the prosecution, unless otherwise ordered by
the court, for good cause shown, supported by affidavit, shall be
dismissed and the bail discharged, if indictment or information be
not presented against such defendant on or before the last day of
the next term of the court which is held after his commitment or
admission to bail or on or before the 180th day after the date of
commitment or admission to bail, whichever date is later.
SECTION 3. This Act takes effect September 1, 2005.