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A BILL TO BE ENTITLED
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AN ACT
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relating to the manner in which a bail bond or personal bond is |
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forfeited and circumstances under which a final judgment of |
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forfeiture may be reformed. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 22.02, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 22.02. MANNER OF TAKING A FORFEITURE. Bail bonds and |
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personal bonds are forfeited in the following manner: The name of |
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the defendant shall be called distinctly at the courthouse door, |
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and if the defendant does not appear within a reasonable time after |
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such call is made, judgment shall be entered that the State of Texas |
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recover of the defendant the amount of money in which the defendant |
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[he] is bound, and of the defendant's [his] sureties, if any, the |
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amount of money in which the sureties [they] are respectively |
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bound, and the [which] judgment shall state that the judgment |
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[same] will be made final, unless good cause be shown why the |
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defendant did not appear. A judgment may not be entered under this |
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article unless 72 hours have elapsed since the defendant's name was |
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called. |
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SECTION 2. Article 22.17, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 22.17. SPECIAL BILL OF REVIEW. (a) Not later than two |
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years after the date a final judgment is entered in a bond |
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forfeiture proceeding, the surety on the bond may file with the |
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court a special bill of review. A special bill of review may |
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include a request, on equitable grounds, that the final judgment be |
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reformed and that all or part of the bond amount be remitted to the |
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surety, after deducting the costs of court and[,] any reasonable |
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costs to the county for the return of the principal to that |
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jurisdiction[, and the interest accrued on the bond amount from the
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date of forfeiture]. The court in its discretion may grant or deny |
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the bill in whole or in part. |
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(b) In determining whether to grant a request for a |
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reformation of the final judgment and a remittance under this |
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article, the court shall consider that the purpose of a bail bond is |
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to secure the presence of the principal for the disposition of |
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criminal charges and that a bail bond is not: |
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(1) a punishment; |
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(2) a substitute for a fine; or |
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(3) a method for generating revenue for a governmental |
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entity. |
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(c) In determining the amount of a remittance granted under |
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this article, the court may consider any of the following: |
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(1) the state's cost or inconvenience in regaining |
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custody of the principal; |
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(2) the impact of the delay caused by the principal's |
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failure to appear; |
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(3) the degree to which the principal intended to |
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breach the conditions of bond; |
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(4) the public interest in ensuring the principal's |
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appearance; |
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(5) any prejudice suffered by the state; |
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(6) any evidence introduced in a proceeding under this |
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article that was not introduced during the trial held under Article |
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22.14 and that would have exonerated the defendant and the |
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defendant's surety from liability under Article 22.13; |
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(7) the participation of the surety in the rearrest of |
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the principal; or |
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(8) any other relevant factor [For the purposes of
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this article, interest accrues on the bond amount from the date of:
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[(1)
forfeiture to the date of final judgment in the
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same manner and at the same rate as provided for the accrual of
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prejudgment interest in civil cases; and
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[(2)
final judgment to the date of the order for
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remittitur at the same rate as provided for the accrual of
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postjudgment interest in civil cases]. |
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SECTION 3. The change in law made by this Act to Article |
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22.02, Code of Criminal Procedure, applies only to a bail bond or |
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personal bond executed on or after the effective date of this Act. |
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A bail bond or personal bond executed before the effective date of |
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this Act is governed by the law in effect when the bond was |
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executed, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. 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, 2013. |