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A BILL TO BE ENTITLED
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AN ACT
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relating to a verification of the incarceration of an accused |
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person in a criminal case for the purpose of discharging a surety's |
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liability on a bail bond. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.16, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 17.16. DISCHARGE OF LIABILITY; SURRENDER OR |
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INCARCERATION OF PRINCIPAL BEFORE FORFEITURE; VERIFICATION OF |
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INCARCERATION. (a) A surety may before forfeiture relieve the |
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surety [himself] of the surety's [his] undertaking by: |
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(1) surrendering the accused into the custody of the |
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sheriff of the county where the prosecution is pending; or |
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(2) delivering to the sheriff, prosecuting attorney, |
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or clerk of the court of the county in which [where] the prosecution |
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is pending an affidavit stating that the accused is incarcerated in |
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federal custody, in the custody of any state, or in any county of |
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this state. |
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(b) On receipt of an affidavit described by Subsection |
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(a)(2), the sheriff, prosecuting attorney, or clerk of the court of |
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the county in which the prosecution is pending shall verify whether |
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the accused is incarcerated as stated in the affidavit. If the |
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sheriff, attorney, or clerk verifies the statement in the |
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affidavit, the sheriff, attorney, or clerk, as applicable, shall: |
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(1) if the verification was made by the sheriff or |
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attorney, notify the magistrate before which the prosecution is |
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pending of the verification; or |
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(2) if the verification was made by the clerk or |
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attorney, notify the sheriff of the verification. |
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(c) On a verification or the receipt of notice of a |
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verification as described by this article: |
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(1) the sheriff shall place a detainer against the |
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accused with the appropriate officials in the jurisdiction in which |
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the accused is incarcerated; and |
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(2) except as provided by Subsection (d), the |
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magistrate before which the prosecution is pending shall direct the |
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clerk of the court to issue a capias for the arrest of the accused. |
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(d) A capias for the arrest of the accused is not required |
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if: |
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(1) a warrant has been issued for the accused's arrest |
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and remains outstanding; or |
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(2) the issuance of a capias would otherwise be |
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unnecessary for the purpose of taking the accused into custody. |
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(e) For the purposes of Subsection (a)(2) of this article, |
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the bond is discharged and the surety is absolved of liability on |
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the bond on the [sheriff's] verification of the incarceration of |
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the accused. |
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(f) An affidavit described by Subsection (a)(2) and the |
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documentation of any verification obtained under Subsection (b) |
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must be filed: |
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(1) in the court record of the underlying criminal |
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case in the court in which the prosecution is pending; or |
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(2) if the court record described by Subdivision (1) |
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does not exist, in a general file maintained by the clerk of the |
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court. |
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(g) A surety is liable for all reasonable and necessary |
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expenses incurred in returning the accused into the custody of the |
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sheriff of the county in which the prosecution is pending. |
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SECTION 2. The change in law made by this Act to Article |
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17.16, Code of Criminal Procedure, applies only to a bail bond that |
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is executed on or after the effective date of this Act. A bail bond |
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executed before the effective date of this Act is governed by the |
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law in effect when the bail bond was executed, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |