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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures regarding the forfeiture and collection of |
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certain bail bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 22.04, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 22.04. REQUISITES OF CITATION. A citation shall be |
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sufficient if it be in the form provided for citations in other |
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civil cases in such court; provided, however, that a copy of the |
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judgment of forfeiture entered by the court, a copy of the forfeited |
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bond, and a copy of any power of attorney attached to the forfeited |
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bond shall be attached to the citation and the citation shall notify |
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the parties cited to appear and show cause why the judgment of |
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forfeiture should not be made final. |
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SECTION 2. 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 OTHER CIVIL ACTIONS. If service |
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of citation is not waived under Article 22.03, a surety is entitled |
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to notice by service of citation, the length of time and in the |
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manner required in other civil actions; and the officer executing |
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the citation shall return the same as in other civil actions. It |
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shall not be necessary to give notice to the defendant unless he has |
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furnished his address on the bond, in which event notice to the |
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defendant shall be deposited in the United States mail directed to |
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the defendant at the address shown on the bond or the last known |
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address of the defendant. |
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SECTION 3. Article 22.06, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 22.06. CITATION BY PUBLICATION. Where the surety is a |
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nonresident of the State, or where he is a transient person, or |
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where his residence is unknown, the district or county attorney |
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may, upon application in writing to the county clerk, stating the |
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facts, obtain a citation to be served by publication; and the same |
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shall be served by a publication and returned as in other civil |
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actions. |
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SECTION 4. Article 22.10, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 22.10. SCIRE FACIAS DOCKET. When a forfeiture has been |
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declared upon a bond, the court or clerk shall docket the case upon |
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the scire facias or upon the civil docket, in the name of the State |
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of Texas, as plaintiff, and the principal and his sureties, if any, |
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as defendants; and, except as otherwise provided by this chapter, |
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the forfeiture proceedings are considered to be civil actions [had
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therein shall be] governed by the Texas Rules of Civil Procedure |
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[same rules governing other civil suits]. |
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SECTION 5. 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 all filing fees and costs of court, |
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any reasonable and necessary costs incurred by a county to secure |
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the return of the principal, and interest accrued on the bond amount |
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from the date of the judgement nisi to the date of the principal's |
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incarceration. |
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SECTION 6. Article 22.14, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 22.14. JUDGMENT FINAL. When, upon a trial of the |
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issues presented, no sufficient cause is shown for the failure of |
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the principal to appear, the judgment shall be made final against |
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him and his sureties, if any, for the amount in which they are |
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respectively bound and for all filing fees and costs of court; and |
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the same shall be collected by execution as in other civil actions. |
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Separate executions shall issue against each party for the amount |
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adjudged against him. The filing fees and costs of court shall be |
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equally divided between the sureties, if there be more than one. |
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SECTION 7. Article 22.16, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 22.16. REMITTITUR AFTER FORFEITURE. (a) After |
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forfeiture of a bond and before entry of a final judgment, the court |
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shall, on written motion, remit to the surety the amount of the |
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bond, after deducting the filing fees, costs of court, [and] any |
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reasonable and necessary costs to the county for the return of the |
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principal, and the interest accrued on the bond amount as provided |
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by Subsection (c) if the principal is released on new bail in the |
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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 final |
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judgment against the bond, the court in its discretion may remit to |
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the surety all or part of the amount of the bond after deducting the |
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filing fees, costs of court, [and] any reasonable and necessary |
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costs to the county for the return of the principal, and the |
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interest accrued on the bond amount as provided by Subsection (c). |
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(c) For the purposes of this article, interest accrues on the |
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bond amount from the date of forfeiture in the same manner and at |
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the same rate as provided for the accrual of prejudgment interest in |
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other civil cases. |
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SECTION 8. Article 22.17, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 22.17. SPECIAL BILL OF REVIEW. (a) Not later than two |
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years after the date a final judgment is entered in a bond |
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forfeiture proceeding, the surety on the bond may file with the |
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court a special bill of review. A special bill of review may |
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include a request, on equitable grounds, that the final judgment be |
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reformed and that all or part of the bond amount be remitted to the |
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surety, after deducting the filing fees, costs of court, [any] |
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reasonable costs to the county for the return of the principal, and |
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the interest accrued on the bond amount from the date of forfeiture. |
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The court in its discretion may grant or deny the bill in whole or in |
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part. |
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(b) For the purposes of this article, interest accrues on the |
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bond amount from the date of: |
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(1) forfeiture to the date of final judgment in the same |
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manner and at the same rate as provided for the accrual of |
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prejudgment interest in other civil cases; and |
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(2) final judgment to the date of the order for |
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remittitur at the same rate as provided for the accrual of |
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postjudgment interest in other civil cases. |
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SECTION 9. Article 103.0031(h), Code of Criminal Procedure, |
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is repealed. |
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SECTION 10. The change in law made by this Act in amending |
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Chapter 22, Code of Criminal Procedure, and in repealing Article |
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103.0031(h), Code of Criminal Procedure, applies only to a bail |
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bond that is executed on or after the effective date of this Act. A |
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bail bond executed before the effective date of this Act is governed |
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by 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 11. This Act takes effect September 1, 2009. |