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A BILL TO BE ENTITLED
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AN ACT
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relating to the refund of a cash bond to a defendant in a criminal |
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case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.02, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 17.02. DEFINITION OF "BAIL BOND". A "bail bond" is a |
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written undertaking entered into by the defendant and the |
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defendant's [his] sureties for the appearance of the principal |
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therein before a [some] court or magistrate to answer a criminal |
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accusation; provided, however, that the defendant on [upon] |
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execution of the [such] bail bond may deposit with the custodian of |
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funds of the court in which the prosecution is pending current money |
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of the United States in the amount of the bond in lieu of having |
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sureties signing the same. Any cash funds deposited under this |
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article [Article] shall be receipted for by the officer receiving |
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the funds [same] and, on order of the court and except as otherwise |
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provided by this article, [shall] be refunded to the defendant |
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after the defendant [if and when the defendant] complies with the |
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conditions of the defendant's [his] bond[, and upon order of the
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court]. For the purpose of paying any of the defendant's |
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outstanding fines, court costs, or amounts of restitution, a |
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defendant who filed a cash bond under this article but has not yet |
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complied with the conditions of the bond may, as part of a plea |
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bargain or deferred prosecution agreement, request the withholding |
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or assignment of all or an appropriate amount of any refund of the |
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deposited cash funds. Funds may not be withheld or assigned under |
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this article to pay attorney's fees owed by the defendant. |
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SECTION 2. The change in law made by this Act applies only |
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to a cash bond that is executed on or after the effective date of |
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this Act. A cash bond executed before the effective date of this |
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Act is governed by the law in effect when the cash bond was |
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executed, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |