| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the discharge of a surety's liability on a bail bond in |
|
|
a criminal case. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 17.16, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 17.16. DISCHARGE OF LIABILITY; SURRENDER OR |
|
|
INCARCERATION OF PRINCIPAL BEFORE FORFEITURE; VERIFICATION OF |
|
|
INCARCERATION. (a) A surety may before forfeiture relieve the |
|
|
surety [himself] of the surety's [his] undertaking by: |
|
|
(1) surrendering the accused into the custody of the |
|
|
sheriff of the county where the prosecution is pending; or |
|
|
(2) delivering to the sheriff, prosecuting attorney, |
|
|
and clerk of the court of the county where the prosecution is |
|
|
pending an affidavit stating that the accused is incarcerated in |
|
|
federal custody, in the custody of any state, or in any county of |
|
|
this state, except that the surety may not use the method provided |
|
|
by this subdivision and must surrender the accused as described by |
|
|
Subdivision (1) if the accused: |
|
|
(A) is not a citizen or national of the United |
|
|
States; and |
|
|
(B) is unlawfully present in the United States |
|
|
according to the terms of the Immigration Reform and Control Act of |
|
|
1986 (8 U.S.C. Section 1101 et seq.). |
|
|
(b) On receipt of an affidavit described by Subsection |
|
|
(a)(2), the sheriff of the county where the prosecution is pending |
|
|
shall verify whether the accused is incarcerated as stated in the |
|
|
affidavit. If the sheriff verifies the statement in the affidavit, |
|
|
the sheriff shall present the affidavit to the court or magistrate |
|
|
before which the prosecution is pending. |
|
|
(c) On receipt of the verified affidavit under Subsection |
|
|
(b), the court or magistrate before which the prosecution is |
|
|
pending may direct the clerk of the court to issue a capias for the |
|
|
arrest of the accused. |
|
|
(d) For the purposes of Subsection (a)(2) [of this article], |
|
|
the bond is discharged and the surety is absolved of liability on |
|
|
the bond on the sheriff's verification of the incarceration of the |
|
|
accused. |
|
|
SECTION 2. The change in law made by this Act to Article |
|
|
17.16, Code of Criminal Procedure, applies only to a bail bond that |
|
|
is executed on or after the effective date of this Act. A bail bond |
|
|
executed before the effective date of this Act is governed by the |
|
|
law in effect when the bail bond was executed, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2011. |