TO: | Honorable John Whitmire, Chair, Senate Committee on Criminal Justice |
FROM: | Ursula Parks, Director, Legislative Budget Board |
IN RE: | SB669 by Whitmire (Relating to the manner in which a bail bond or personal bond is forfeited and circumstances under which a final judgment of forfeiture may be reformed.), As Introduced |
The bill would define factors the court should consider when determining whether to grant a request for reformation and remittance of a final judgment on a bail bond. When determining the amount of remittance, the court would consider: the state's cost in regaining custody of the principal; the impact of the delay caused by the principal's failure to appear; the public interest in ensuring the principal's appearance; any prejudice suffered by the state; evidence that would have exonerated the defendant and the surety from liability on the bond; the participation of the surety in the re-arrest of the principal; or any other relevant factor.
The bill would also require waiting until 72 hours have elapsed since the defendant's name was called for a judgment to be entered.
Source Agencies: | 212 Office of Court Administration, Texas Judicial Council
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LBB Staff: | UP, ESi, SD, KKR
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