83R1473 JRH-F
 
  By: Fletcher H.B. No. 1631
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the circumstances under which a final judgment of bond
  forfeiture may be reformed under a special bill of review.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 22.17, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 22.17.  SPECIAL BILL OF REVIEW. (a) Not later than two
  years after the date a final judgment is entered in a bond
  forfeiture proceeding, the surety on the bond may file with the
  court a special bill of review. A special bill of review may
  include a request, on equitable grounds, that the final judgment be
  reformed and that all or part of the bond amount be remitted to the
  surety, after deducting the costs of court and[,] any reasonable
  costs to the county for the return of the principal to that
  jurisdiction[, and the interest accrued on the bond amount from the
  date of forfeiture]. The court in its discretion may grant or deny
  the bill in whole or in part.
         (b)  In determining whether to grant a request for a
  reformation of the final judgment and a remittance under this
  article, the court shall consider that the purpose of a bail bond is
  to secure the presence of the principal for the disposition of
  criminal charges and that a bail bond is not:
               (1)  a punishment;
               (2)  a substitute for a fine; or
               (3)  a method for generating revenue for a governmental
  entity.
         (c)  In determining the amount of a remittance granted under
  this article, the court may consider any of the following:
               (1)  the state's cost or inconvenience in regaining
  custody of the principal;
               (2)  the impact of the delay caused by the principal's
  failure to appear;
               (3)  the degree to which the principal intended to
  breach the conditions of bond;
               (4)  the public interest in ensuring the principal's
  appearance;
               (5)  any prejudice suffered by the state;
               (6)  any evidence introduced in a proceeding under this
  article that was not introduced during the trial held under Article
  22.14 and that would have exonerated the defendant and the
  defendant's surety from liability under Article 22.13;
               (7)  the participation of the surety in the rearrest of
  the principal; or
               (8)  any other relevant factor [For the purposes of
  this article, interest accrues on the bond amount from the date of:
               [(1)     forfeiture to the date of final judgment in the
  same manner and at the same rate as provided for the accrual of
  prejudgment interest in civil cases; and
               [(2)     final judgment to the date of the order for
  remittitur at the same rate as provided for the accrual of
  postjudgment interest in civil cases].
         SECTION 2.  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, 2013.