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A BILL TO BE ENTITLED
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AN ACT
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relating to the discharge of a surety's liability on a bail bond. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.16(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) A surety may before forfeiture relieve the surety |
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[himself] of the surety's [his] undertaking by: |
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(1) surrendering the accused into the custody of the |
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sheriff of the county where the prosecution is pending; or |
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(2) delivering to the sheriff of the county where the |
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prosecution is pending an affidavit stating that the accused is |
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incarcerated in that jurisdiction [federal custody, in the custody
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of any state, or in any county of this state]. |
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SECTION 2. The change in law made by this Act to Article |
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17.16(a), Code of Criminal Procedure, applies only to a bail bond |
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that is executed on or after the effective date of this Act. A bail |
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bond executed before the effective date of this Act is governed by |
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the law in effect when the bail bond was executed, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |