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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 of the county where the |
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prosecution is pending an affidavit stating that the accused is |
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incarcerated in federal custody, in the custody of any state, or in |
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any county of this state. |
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(b) On receipt of an affidavit described by Subsection |
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(a)(2), the sheriff of the county where the prosecution is pending |
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shall verify whether the accused is incarcerated as stated in the |
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affidavit. If the sheriff verifies the statement in the affidavit, |
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the sheriff shall: |
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(1) place a detainer against the accused with the |
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appropriate officials in the jurisdiction in which the accused is |
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incarcerated; and |
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(2) notify the court or magistrate before which the |
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prosecution is pending of the sheriff's verification of the |
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incarceration of the accused. |
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(c) On receipt of the sheriff's notification under |
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Subsection (b)(2), the court or magistrate before which the |
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prosecution is pending shall direct the clerk of the court to issue |
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a capias for the arrest of the accused unless: |
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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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(d) 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 the |
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accused. |
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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. |