| |
|
| |
|
|
By: Davis of Dallas (Senate Sponsor - Whitmire) |
H.B. No. 1658 |
|
|
(In the Senate - Received from the House April 26, 2011; |
|
|
April 29, 2011, read first time and referred to Committee on |
|
|
Criminal Justice; May 17, 2011, reported adversely, with favorable |
|
|
Committee Substitute by the following vote: Yeas 5, Nays 0; |
|
|
May 17, 2011, sent to printer.) |
| |
|
|
COMMITTEE SUBSTITUTE FOR H.B. No. 1658 |
By: Carona |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the refund of a cash bond to a defendant in a criminal |
|
|
case. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 17.02, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 17.02. DEFINITION OF "BAIL BOND". A "bail bond" is a |
|
|
written undertaking entered into by the defendant and the |
|
|
defendant's [his] sureties for the appearance of the principal |
|
|
therein before a [some] court or magistrate to answer a criminal |
|
|
accusation; provided, however, that the defendant on [upon] |
|
|
execution of the [such] bail bond may 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. Any cash funds deposited under this |
|
|
article [Article] shall be receipted for by the officer receiving |
|
|
the funds [same] and, on order of the court, [shall] be refunded, |
|
|
after [to] the defendant [if and when the defendant] complies with |
|
|
the conditions of the defendant's [his] bond, to: |
|
|
(1) any person in the name of whom a receipt was |
|
|
issued, in the amount reflected on the face of the receipt, |
|
|
including the defendant if a receipt was issued to the defendant; or |
|
|
(2) the defendant, if no other person is able to |
|
|
produce a receipt for the funds[, and upon order of the court]. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a cash bond that is executed on or after the effective date of |
|
|
this Act. A cash bond executed before the effective date of this |
|
|
Act is governed by the law in effect when the cash bond was |
|
|
executed, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2011. |
|
|
|
|
|
* * * * * |