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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of a criminal defendant and the |
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defendant's sureties on a personal bond or bail bond. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 22.13(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) The following causes, and no other, will exonerate the |
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defendant and his sureties, if any, from liability upon the |
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forfeiture taken: |
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1. That the bond is, for any cause, not a valid and |
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binding undertaking in law. If it be valid and binding as to the |
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principal, and one or more of his sureties, if any, they shall not |
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be exonerated from liability because of its being invalid and not |
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binding as to another surety or sureties, if any. If it be invalid |
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and not binding as to the principal, each of the sureties, if any, |
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shall be exonerated from liability. If it be valid and binding as |
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to the principal, but not so as to the sureties, if any, the |
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principal shall not be exonerated, but the sureties, if any, shall |
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be. |
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2. The death of the principal before the entry of the |
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final judgement [the forfeiture was taken]. |
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3. The sickness of the principal or some |
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uncontrollable circumstance which prevented his appearance at |
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court, and it must, in every such case, be shown that his failure to |
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appear arose from no fault on his part. The causes mentioned in |
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this subdivision shall not be deemed sufficient to exonerate the |
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principal and his sureties, if any, unless such principal appear |
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before final judgment on the bond to answer the accusation against |
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him, or show sufficient cause for not so appearing. |
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4. Failure to present an indictment or information at |
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the first term of the court which may be held after the principal |
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has been admitted to bail, in case where the party was bound over |
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before indictment or information, and the prosecution has not been |
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continued by order of the court. |
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5. The incarceration of the principal in any |
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jurisdiction in the United States: |
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(A) in the case of a misdemeanor, at the time of |
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or not later than the 180th day after the date of the principal's |
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failure to appear in court; or |
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(B) in the case of a felony, at the time of or not |
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later than the 270th day after the date of the principal's failure |
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to appear in court. |
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6. The voluntary or involuntary deportation or removal |
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of the principal from any jurisdiction of the United States by or as |
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directed by a federal agency. |
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SECTION 2. The change in law made by this Act applies only |
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to a personal bond or bail bond executed on or after the effective |
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date of this Act. A personal bond or bail bond executed before the |
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effective date of this Act is covered by the law in effect when the |
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personal bond or 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. |