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A BILL TO BE ENTITLED
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AN ACT
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relating to the discharge of a surety's liability on a bail bond in |
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a criminal case. |
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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 FAILURE TO APPEAR [FORFEITURE]. |
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(a) A surety, during the pendency of a prosecution for which the |
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surety is liable and [may] before the accused's failure to appear, |
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may, before a final judgment of the accused's bond forfeiture is |
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signed, [forfeiture] relieve the surety [himself] of the surety's |
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[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) A surety is liable for all necessary and reasonable |
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expenses incurred in surrendering the accused into the custody of |
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the sheriff of the county where the prosecution is pending. [For the
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purposes of Subsection (a)(2) of this article, the bond is
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discharged and the surety is absolved of liability on the bond on
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the sheriff's verification of the incarceration of the 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 September 1, 2011. |