By: Hinojosa  S.B. No. 972
         (In the Senate - Filed February 25, 2011; March 8, 2011,
  read first time and referred to Committee on Criminal Justice;
  April 27, 2011, reported favorably by the following vote:  Yeas 5,
  Nays 1; April 27, 2011, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the taking of a defendant's bail bond by county jailers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 17, Code of Criminal Procedure, is
  amended by adding Article 17.025 to read as follows:
         Art. 17.025.  OFFICERS TAKING BAIL BOND.  A jailer licensed
  under Chapter 1701, Occupations Code, is considered to be an
  officer for the purposes of taking a bail bond and discharging any
  other related powers and duties under this chapter.
         SECTION 2.  Article 17.05, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 17.05.  WHEN A BAIL BOND IS GIVEN. A bail bond is
  entered into either before a magistrate, upon an examination of a
  criminal accusation, or before a judge upon an application under
  habeas corpus; or it is taken from the defendant by a peace officer
  or jailer if authorized by Article 17.20, 17.21, or 17.22.
         SECTION 3.  Article 17.20, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 17.20.  BAIL IN MISDEMEANOR. In cases of misdemeanor,
  the [The] sheriff[,] or other peace officer, or a jailer licensed
  under Chapter 1701, Occupations Code [in cases of misdemeanor],
  may, whether during the term of the court or in vacation, where the
  officer [he] has a defendant in custody, take of the defendant a
  bail bond.
         SECTION 4.  Article 17.21, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 17.21.  BAIL IN FELONY. In cases of felony, when the
  accused is in custody of the sheriff or other [peace] officer, and
  the court before which the prosecution is pending is in session in
  the county where the accused is in custody, the court shall fix the
  amount of bail, if it is a bailable case and determine if the
  accused is eligible for a personal bond; and the sheriff[,] or other
  peace officer, unless it be the police of a city, or a jailer
  licensed under Chapter 1701, Occupations Code, is authorized to
  take a bail bond of the accused in the amount as fixed by the court,
  to be approved by such officer taking the same, and will thereupon
  discharge the accused from custody.  The [It shall not be necessary
  for the] defendant and the defendant's [or his] sureties are not
  required to appear in court.
         SECTION 5.  Article 17.22, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 17.22.  MAY TAKE BAIL IN FELONY. In a felony case, if
  the court before which the same is pending is not in session in the
  county where the defendant is in custody, the sheriff[,] or other
  peace officer, or a jailer licensed under Chapter 1701, Occupations
  Code, who has the defendant [having him] in custody[,] may take the
  defendant's [his] bail bond in such amount as may have been fixed by
  the court or magistrate, or if no amount has been fixed, then in
  such amount as such officer may consider reasonable.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
 
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