Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB1686 by Fletcher (Relating to the discharge of a surety's liability on a bail bond in a criminal case. ), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
The bill would amend the Code of Criminal Procedure to require a judge or a magistrate in whose court a criminal action is pending to discharge a surety’s liability on a bond if the surety files an affidavit stating more than five years have expired since the surety posted the bond; the surety wants to be removed; and the surety provides the prosecuting attorney notice of the affidavit. A judge or magistrate that discharges a surety's liability and an indictment or information is pending against the defendant, would be required to issue a capias for the defendant.
The bill would take effect September 1, 2011.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council