AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, cash funds deposited for a bail bond are refunded to the defendant if and when the defendant complies with the condition of the bond.  H.B. 1658 clarifies that cash funds are required to be refunded to only the defendant who may initially have deposited the funds for the cash bond.

 

H.B. 1658 amends current law relating to the refund of a cash bond to a defendant in a criminal case.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Article 17.02, Code of Criminal Procedure, as follows:

 

Art. 1702.  DEFINITION OF "BAIL BOND."  Redefines "bail bond" as a written undertaking entered into by the defendant and the defendant's sureties for the appearance of the principal therein before a court or magistrate to answer a criminal accusation; provided, however, that the defendant on execution of the bail bond is authorized to deposit with the custodian of funds of the court in which the prosecution is pending current money of the United States in the amount of the bond in lieu of having sureties signing the same. Requires that any cash funds deposited under this article be receipted for by the officer receiving the funds and, on order of the court, be refunded to only the defendant after the defendant complies with the conditions of the defendant's bond.  Makes conforming and nonsubstantive changes.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3. Effective date: September 1, 2011.