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By: Goolsby (Senate Sponsor - Carona) |
H.B. No. 1158 |
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(In the Senate - Received from the House May 3, 2007; |
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May 7, 2007, read first time and referred to Committee on Criminal |
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Justice; May 18, 2007, reported favorably by the following vote: |
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Yeas 6, Nays 0; May 18, 2007, sent to printer.) |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the address to which notice of the forfeiture of a bail |
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bond is delivered. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 22.03(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) A citation to a surety who is an individual shall be |
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served to the individual at the address shown on the face of the |
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bond or the last known address of the individual. |
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SECTION 2. Chapter 22, Code of Criminal Procedure, is |
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amended by adding Article 22.035 to read as follows: |
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Art. 22.035. CITATION TO DEFENDANT POSTING CASH BOND. A |
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citation to a defendant who posted a cash bond shall be served to |
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the defendant at the address shown on the face of the bond or the |
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last known address of the defendant. |
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SECTION 3. Article 22.05, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 22.05. CITATION AS IN CIVIL ACTIONS. If service of |
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citation is not waived under Article 22.03, a surety is entitled to |
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notice by service of citation, the length of time and in the manner |
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required in civil actions; and the officer executing the citation |
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shall return the same as in civil actions. It shall not be |
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necessary to give notice to the defendant unless he has furnished |
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his address on the bond, in which event notice to the defendant |
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shall be deposited in the United States mail directed to the |
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defendant at the address shown on the bond or the last known address |
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of the defendant. |
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SECTION 4. The changes in law made by this Act apply only to |
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a citation of forfeiture issued on or after the effective date of |
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this Act. A citation of forfeiture issued before the effective date |
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of this Act is governed by the law in effect on the date the citation |
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of forfeiture is issued, and the former law is continued in effect |
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for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |
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