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A BILL TO BE ENTITLED
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AN ACT
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relating to the costs a county may recover after the forfeiture of a |
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bond. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 22.13(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) A surety exonerated under Subdivision 5, Subsection |
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(a), remains obligated to pay costs of court, any demonstrated |
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[reasonable and necessary] costs incurred by a county to secure the |
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return of the principal, and interest accrued on the bond amount |
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from the date of the judgment nisi to the date of the principal's |
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incarceration. |
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SECTION 2. Sections 22.16(a) and (b), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) After forfeiture of a bond and before entry of a final |
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judgment, the court shall, on written motion, remit to the surety |
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the amount of the bond, after deducting the costs of court and any |
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demonstrated [reasonable and necessary] costs to the county for the |
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return of the principal, and the interest accrued on the bond amount |
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as provided by Subsection (c) if the principal is released on new |
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bail in the case or the case for which bond was given is dismissed. |
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(b) For other good cause shown and before the entry of a |
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final judgment against the bond, the court in its discretion may |
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remit to the surety all or part of the amount of the bond after |
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deducting the costs of court and any demonstrated [reasonable and
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necessary] costs to the county for the return of the principal, and |
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the interest accrued on the bond amount as provided by Subsection |
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(c). |
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SECTION 3. Section 22.17(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) Not later than two years after the date a final judgment |
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is entered in a bond forfeiture proceeding, the surety on the bond |
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may file with the court a special bill of review. A special bill of |
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review may include a request, on equitable grounds, that the final |
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judgment be reformed and that all or part of the bond amount be |
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remitted to the surety, after deducting the costs of court, any |
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demonstrated [reasonable] costs to the county for the return of the |
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principal, and the interest accrued on the bond amount from the date |
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of forfeiture. The court in its discretion may grant or deny the |
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bill in whole or in part. |
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SECTION 4. This Act takes effect September 1, 2007. |